Abstract: On July 25, 2011, in United States v. Mitchell, the U.S. Court of Appeals for the Third Circuit held that taking a DNA sample from a pre-trial arrestee did not violate the Fourth Amendment. The court did so by holding that taking DNA profiles serves only to identify arrestees, and thus, like fingerprinting, is an acceptable “booking” practice. Unlike fingerprints, however, DNA profiles contain significant personal information beyond that necessary for mere identification. This Comment argues, therefore, that to determine the reasonableness of this intrusion onto arrestees’ expectations of privacy under the Fourth Amendment, courts must consider both the physical DNA collection and the retention of the sensitive personal information in the DNA profile.
2015-2016 Board of Editors
We are pleased to announce the Board of Editors for the 2015-2015 academic year.
BCLR Latest Issue: Vol. LVI No. 3
The Boston College Law Review is pleased to announce our latest publication , the May 2015 issue. The current issue is featured on […]
BCLR Releases Vol. LV No. 3
The Boston College Law Review is pleased to publish the May 2014 issue. Here are summaries of this issue’s Articles and Notes: […]