Computers, Privacy & the Constitution

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TomLawrenceFirstPaper 3 - 26 Jun 2015 - Main.MarkDrake
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 Last week, the Supreme Court denied certiorari in Raynor v. Maryland, a case challenging the constitutionality of a conviction based on DNA evidence obtained without a warrant or the consent of the defendant. In denying certiorari, the Court let stand ruling of Maryland’s highest court, which ruled 4-3 that the taking of DNA evidence did not constitute a Fourth Amendment search, and therefore the lack of consent or warrant gave no basis for suppressing the DNA evidence or throwing out the conviction based on that evidence.

To my mind, there are clear parallels between the state’s ability to take DNA evidence without warrant and the state’s ability to take electronic data held by third parties without warrant.


Revision 3r3 - 26 Jun 2015 - 20:25:10 - MarkDrake
Revision 2r2 - 30 Apr 2015 - 01:10:14 - EbenMoglen
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