The Fourth Amendment protects citizens from unreasonable searches and seizures b
ID: 71664 • Letter: T
Question
The Fourth Amendment protects citizens from unreasonable searches and seizures by the police. Searches must be done with a warrant or under one of the described exceptions. In Maryland v. King, the Supreme Court ruled that the police can take DNA during the booking process from people who have been arrested and not yet convicted. This is similar to an arrestee having his or her fingerprints taken during booking. Do you think this violates a person’s right to be free of unreasonable searches and seizures? What are the implications of this case upon all of the branches of the criminal justice system?
Explanation / Answer
No, this does not violates a person’s right to be free of unreasonable searches and seizuresGiving a DNA sample for DNA profile is just like giving fingerprints. It does not affect the person’s privacy as DNA profiles do not reveal any of the health aspects. Using DNA profile we can only relate people and identify individuals. If the government collect every person’s DNA, it would definitely help to identify criminals and missing persons.
But this activity should be under strict jurisdiction as there are chances for abuse. The DNA data may be abused by the government workers or criminals (may intentionally put some ones DNA at the crime area etc.).
Related Questions
drjack9650@gmail.com
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.