COMMENT: HOW THE DNA ACT VIOLATES THE FOURTH AMENDMENT RIGHT TO PRIVACY OF MERE ARRESTEES AND PRE-TRIAL DETAINEES Skip over navigation
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Copyright (c) 2013 Loyola University New Orleans College of Law
Loyola Law Review

COMMENT: HOW THE DNA ACT VIOLATES THE FOURTH AMENDMENT RIGHT TO PRIVACY OF MERE ARRESTEES AND PRE-TRIAL DETAINEES

Spring, 2013

Loyola Law Review

59 Loy. L. Rev. 157

Author

Stephanie Beaugh 222

Excerpt



I. INTRODUCTION
 
High school students Alex and Sarah have been dating for two years. 1 Alex is currently eighteen years old, while Sarah is only sixteen. On a dare from her friends, Sarah took multiple nude photos of herself and sent them via text message to Alex's cell phone. After receiving the photos, Alex saved them on his phone. However, Alex's mother later found the photos of Sarah and called Sarah's mother to inform her of the situation. Sarah's mother, in disbelief that her daughter - a minor - had anything to do with it, called the police to file a complaint against Alex. The police investigated these claims and discovered the pornographic photos of Sarah on his phone. Even though Alex proclaimed that he was innocent and that his girlfriend Sarah voluntarily sent him the unsolicited photos, he was arrested and charged with felony possession of child pornography. 2

After Alex was arrested, law enforcement informed him that he was required to submit to a DNA test. Alex refused and continued to assert his innocence in the matter, but he was then physically forced to submit to a DNA test. The government then analyzed the collected sample to create a profile that was then entered into a national DNA database. Yet, the charges against Alex were subsequently dropped.

Even though the charges against him were dropped, Alex continues to suffer from the repercussions and humiliation of the accusations. Also, the government still possesses Alex's DNA profile in ...
 
 
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