4th Amendment Forensic Science In Philadelphia
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All searches and seizures under the Fourth Amendment must be reasonable and no excessive force shall be used. Reasonableness is the ultimate measure of the constitutionality of a search or seizure. Searches and seizures with the warrant must also satisfy the reasonableness requirement.
The Fourth Amendment states that “no warrants shall issue, but upon probable cause.” This means that any search and seizure conducted without a warrant has the potential to be unconstitutional.
Under the Fourth Amendment of the U.S. Constitution, law enforcement cannot perform “unreasonable searches and seizures.” This includes the seizure of one's person, such as an arrest. The Fourth Amendment forbids the arrest or detention of a person without a warrant or probable cause.
Generally, a search or seizure is illegal under the Fourth Amendment if it occurs without consent, a warrant, or probable cause to believe a crime has been committed. However, there are several exceptions to the warrant requirement.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
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 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).
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 ...
