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4th Amendment Forensic Science In Hennepin
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Multi-State
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Hennepin
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US-000280
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FAQ
Self-Incrimination and the Right to Counsel DNA, like a fingerprint, a blood sample, or hair, is nontestimonial evidence. Thus, there is no violation of the fifth amendment privilege against compelled self-incrimination when DNA evidence is lawfully seized.
The 5th Amendment to the Constitution provides that no person “shall be compelled in any criminal case to be a witness against himself.” The Supreme Court has held that this privilege reaches no further than communications that are testimonial DNA, like a fingerprint or blood sample, is non-testimonial and thus there ...
Computer forensics thus fits easily into established rules governing the forensic examination of lawfully seized objects, such as drugs, blood, or clothing. Specifically, Fourth Amendment law permits law enforcement to examine lawfully seized objects forensically.
The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
“The Fifth Amendment does not independently proscribe the compelled production of every sort of incriminating evidence but applies only when the accused is compelled to make a testimonial communication that is incriminating.” Id. at 408 (emphasis by Court).
Searches of electronically stored information present a Fourth Amendment challenge because it is often impossible for investigators to identify and collect, at the time a warrant is executed, only the specific data whose seizure is authorized.
These amendments include the fourth, fifth, sixth, eighth, and the fourteenth amendments. Their purpose is meant to ensure that people are treated fairly if suspected or arrested for crimes.
The interests that the Fourth Amendment protects can be invaded by depriving a person of the right to exclude others from data or by the use of information technologies without respect to possession. The line between possession and use was what Officer Dunnigan crossed in Riley.
Over time, a forensic chemist could move up within an organization to become the director of a crime lab. On-the-job training for forensic science technicians typically includes: Six to 12 months to learn DNA analysis. Up to three years for firearms analysis.
In the case of Riley v. United States (2014), the Supreme Court unanimously decided that digital data seized from warrantless search of cell phones violated the Fourth Amendment, and could not be admitted as evidence in trial.