Why aren't seizures of DNA a clear violation of the 4th amendment protections against unreasonable search and seizure?
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Cretin666
ANSWERS: 3
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They are not in violation of the 4th amendment if a warrant for a collection of such a sample has been correctly issued by a judge with proper jurisdiction. Withou a properly issued warrant it would be a violation of the 4th amendment. The problem is more likely with the 5th amendment, as using your own DNA as evidence against could be construed as forcing one to testify against themselves.
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It is a violation of neither the 4th or 5th amendments. DNA can be legally collected by testing or as evidence left behind at a scene. It's no different that hair, blood or fiber evidence. Testing a fingernail or cup for presence of DNA is the same as testing a blood sample for type.
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It doesn't violate the 4th because, assuming that the search is conducted pursuant to the warrant requirement or one of its exceptions, is a "reasonable" search and therefore comports with the 4th amendment. There are no legally significant differences between the seizure of DNA and the seizure of a murder weapon. It doesn't violate the 5th amendment because the 5th applies to testimonial evidence only; it doesn't apply to physical evidence. For the same reason, if you are arrested and given faulty (or no) Miranda warnings before your interrogation, and your statements result in the discover of a murder weapon, the weapon still comes into evidence even though your confession does not. The fruit of the poisonous tree doctrine does not apply to faulty Miranda warnings. See Elstad.
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