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Criminal Law

: Fourth Amendment

VI: PC shown for DNA taking, now by subpoena

By John Wesley Hall, Jr.

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The government showed probable cause for taking defendants’ DNA, so it may proceed by subpoena to get it. People of the Virgin Islands v. Carty, 2010 V.I. LEXIS 59 (August 17, 2010).* Consent was voluntary under the totality of circumstances. United States v. Johnson, 2010 U.S. App. LEXIS 18105 (8th Cir. August 30, 2010).* As a pretrial detainee, plaintiff’s excessive tasering claim is governed by the Fourteenth Amendment, not the Fourth. The Fourth Amendment has temporal limits. "See generally Mitchell W. Karsch, Note, Excessive Force and the Fourth Amendment: When Does Seizure End?, 58 Fordham L. Rev. 823 (1990)." Under the circumstances, this was not excessive nor unreasonable, and he was warned he would be tasered if he didn’t quit acting out...continue to full post

Full post as published by Fourth Amendment on September 03, 2010 (boomark / email).

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