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Constitutional Law,
Criminal,
U.S. Supreme Court

Mar. 29, 2013

Biometrics and Fourth Amendment 'overbreadth'

The U.S. and California Supreme Courts are in the midst of deciding whether law enforcement may constitutionally collect DNA samples from persons just because they are arrested for certain crimes.

2nd Appellate District, Division 2

Brian M. Hoffstadt

Associate Justice
California Court of Appeal

UCLA School of Law, 1995

See more...

The U.S. and California Supreme Courts are in the midst of deciding whether law enforcement may constitutionally collect DNA samples from persons just because they are arrested for certain crimes. See Maryland v. King, No. 12-207; People v. Buza, S169200. The Supreme Courts' decisions will likely turn on the extent to which they adhere to prior decisions analyzing the suspicionless collection and use of biometrics and whether they embrace or eschew a relatively new concept ...

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