Document Type
Article
Publication Date
Winter 2023
Publication Title
Criminal Justice
First Page
36
Last Page
42
Volume
37
Issue
4
Abstract
Most often, when law enforcement agencies or governments use a person’s DNA or genetic information, they do so in the pursuit of justice. That said, there are privacy concerns that arise when the government or police have open access to any person’s DNA or genetic information, especially through the Internet. This article attempts to present an argument for a reasonable expectation of privacy (REP) in a person’s genetic information or DNA as well as other forms of advancing technology. It begins with a history of the US Supreme Court’s interpretations of the Fourth Amendment to the US Constitution, continues with an analysis of applicable federal Fourth Amendment protections to forensic genealogy, and concludes with an explanation of why the Katz REP test is more applicable to advancing technology than the trespass test as used in Jones. See generally Katz v. United States, 389 U.S. 347 (1967); United States v. Jones, 565 U.S. 400 (2012).
Recommended Citation
Allen, Blade M..
"Katz or Dogs? Why the Katz Reasonable Expectation of Privacy Test Is More Applicable to Advancing Technology than a Test Applied to Dog Sniffs."
Criminal Justice
