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Biology and the Fourth Amendment

Biology and the Fourth Amendment. Mark Cohen & Tiffany Middleton November 1, 2013. www.ambar.org/publicedevents.

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Biology and the Fourth Amendment

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  1. Biology and the Fourth Amendment Mark Cohen & Tiffany Middleton November 1, 2013

  2. www.ambar.org/publicedevents

  3. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Fourth Amendment to the U.S. Constitution

  4. No unreasonable searches, seizures; warrant must be sworn, with probable cause, specific details on person, stuff searched, seized #Fourth 4th Amendment as a Tweet

  5. What government activities constitute "search" and "seizure"; What constitutes probable cause for these actions; Whether a warrantless search is justified; At what point a search is or becomes unreasonable; How should violations be treated. Common Fourth Amendment Cases Frequent Questions

  6. Seizure: A person is seized within the meaning of the Fourth Amendment only when, by means of physical force or show of authority, his freedom of movement is restrained and, in the circumstances surrounding the incident, a reasonable person would believe that he was not free to leave. (U.S. v. Mendhall) A Note About Seizures

  7. Weeks v. U.S. (1914)Olmsted v. U.S. (1928)Mapp v. Ohio (1961)Katz v. U.S. (1967)U.S. v. Jones (2012) Searches: The Case Law

  8. The 4th Amendment applies to states; The penalty for violations is exclusion of the evidence; The 4th Amendment protects reasonable expectations of privacy; A physical intrusion on body or property is more likely to be viewed as a violation than a pure privacy intrusion Searches: The Nub of It

  9. “[T]his Court has never retreated from its recognition that any compelled intrusion into the human body implicates significant, constitutionally protected privacy interests.” -- Justice Sonia Sottomayor Missouri v. McNeely (2013) The Body Is Still Special

  10. Skinner v. Railway Labor Executives’ Association 1988

  11. Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, et al. 2002

  12. Safford Unified School District v. Redding 2006

  13. Florence v. County of Burlington 2012

  14. Missouri v. McNeely 2013

  15. 2013:Maryland v. King

  16. DNA Fingerprints How accurate? 1 in 60,000,000,000 1 in 100,000,000,000,000

  17. When officers make an arrest supported by probable cause to hold a suspect for a serious offense and bring him to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment. Maryland v. King (2013) Ruling 5-4

  18. What is our future?

  19. Tiffany Middleton Tiffany.Middleton@americanbar.org (312) 988-5739 Mark Cohen Mark.Cohen@americanbar.org (312) 988-5728 Contact Us

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