The Evolution of Warrantless Searches With Alcohol, Blood, And DNA With the creation of the

2200 WordsApr 23, 20199 Pages
The Evolution of Warrantless Searches With Alcohol, Blood, And DNA With the creation of the First Congress, framers manifested the Fourth Amendment to provide sufficient privacy standards for the citizens of the United States of America. Framers upheld the 4th Amendment to sustain a functioning government-governed relationship, where officials respect individuals’ privacy and rights. During the First Congress, framers explicitly granted, “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…show more content…
The Supreme Court has meticulously regulated standards for all blood and DNA extractions in law enforcement. In addition, the original Framers of the Constitution and Bill of Rights could not have foreseen such problems with blood and DNA extraction. Furthermore the Supreme Court has had to wholly establish their own opinion. A multitude of cases by the Supreme Court have determined the application of blood and DNA in regular law enforcement. The decisions in Samson v. California, Missouri v. McNeely, and Maryland v. King have assessed and standardized the use of blood and DNA technology in the United States of America. When assessing Fourth Amendment challenges to blood and DNA extraction and evaluation, Samson v. California remains essential to understand the evolution of the Fourth Amendment. In Samson v. California, a law enforcement officer, familiar with a defendant’s parole status from a prior encounter, searched a man without a warrant. The officer soon discovered methamphetamine concealed in a cigarette box while searching the parolee’s car. The officer convicted Samson, the parolee, with drug possession charges. In argument, Samson insisted the drugs were inadmissible as evidence, furthermore the search had violated his Fourth Amendment rights and violated his right to privacy. Samson v. California reached the Supreme Court to decide whether the Fourth Amendment prohibits police from conducting a warrantless search of a person who was

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