CONSTITUTIONAL LAW - SEARCH AND SEIZURE - COURT-ORDERED SURGICAL REMOVAL OF A BULLET FROM AN UNCONSENTING DEFENDANT FOR EVIDENTIARY PURPOSES HELD REASONABLE UNDER THE FOURTH AMENDMENT - CROWDER V UNITED STATES

• NCJ Number: 40303
• Journal: Texas Law Review Volume: 55 Issue: 1 Dated: (DECEMBER 1976) Pages: 147-162
• Author(s): W G ROSS
• Date Published: 1977
• Length: 16 pages
• Corporate Author: University of Texas
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE IS A LEGAL AND CONSTITUTIONAL ANALYSIS OF THE FOURTH AMENDMENT ISSUES INVOLVED IN THE JUDICIALLY AUTHORIZED INTRUSION INTO A DEFENDANT'S BODY.

Abstract

ATTENTION IS FOCUSED ON THE DECISION OF CROWDER V. U.S. (1976), WHERE THE U.S. COURT APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT HELD THAT A COURT-ORDERED SURGICAL INTRUSION TO EXTRACT A BULLET FROM THE ARM OF AN UNCONSENTING DEFENDANT FOR EVIDENTIARY PURPOSES CONSTITUTES A REASONABLE SEARCH AND SEIZURE WHEN AUTHORIZED THROUGH A CAREFULLY DRAWN ADVERSARY PROCEDURE. RELEVANT SUPREME COURT BODILY INTRUSION CASES ARE REVIEWED WITH ANALYSES OF THE OPINIONS AND LEGAL DOCTRINE. THE BACKGROUND AND IMPLICATIONS OF THE CROWDER DECISION ARE DISCUSSED, AND THE AUTHOR CONCLUDES THAT THE COURT IGNORED THE INDIVIDUAL'S RIGHT TO PRIVACY AND DIGNITY....MSP