NCJ Number
122379
Journal
Duke Law Journal Volume: 1989 Issue: 2 Dated: (April 1989) Pages: 474-494
Date Published
1989
Length
21 pages
Annotation
DNA typing involves the laboratory analysis of a suspect's blood, and the taking of the blood is classified as a search and seizure under the fourth amendment. Even so, DNA typing has promise in the United States as an investigatory tool on a limited scale provided it can be carried out on a less than probable cause standard.
Abstract
Because DNA typing is extremely reliable, ways must be found to balance law enforcement's interest in crime investigation with the fourth amendment privacy rights of individuals. A Proposed Federal Rule of Criminal Procedure 41.1 would authorize neutral magistrates to order criminal suspects to submit to non-testimonial identification procedures such as DNA typing on less than probable cause. The balancing approach of Proposed Rule 41.1 and similar balancing tests used by some States are discussed in detail, along with relevant case law. A specific proposal for a DNA typing rule similar to Proposed Rule 41.1 is discussed with specific recommendations to safeguard fourth amendment rights. 144 footnotes.