ABSTRACT

Fourth Amendment Privacy Analysis of the Department of Defense's DNA Repository for the Identification of Human Remains: The Law of Fingerprints Can Show Us the Way   [open pdf - 212KB]

"The Department of Defense (DOD), through the Armed Forces Institute of Pathology (AFIP), collects deoxyribonucleic acid (DNA) via blood samples from all service members. The DOD collects the DNA samples for the sole purpose of identifying remains should a service member die while serving his or her country. The AFIP stores the collected samples at a single site in the Washington, D.C. area. From time to time, state, federal, and military law enforcement will seek to match DNA found at a crime scene or taken from a victim with the DNA samples stored at the AFIP site. Historically, the AFIP and the DOD honor such requests only when the request meets certain conditions, including that a 'proper judicial order' accompanies the request. This article reviews whether the Fourth Amendment and recently enacted federal law require a warrant or search Authorization before the AFIP provides part of a service member's DNA sample to law enforcement."

Author:
Publisher:
Date:
2004
Copyright:
Public Domain
Retrieved From:
The Judge Advocate General's Legal Center and School: http://www.jagcnet.army.mil/MilitaryLawReview
Format:
pdf
Media Type:
application/pdf
Source:
Military Law Review (Fall 2004), v.181, p.69-111
URL:
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