Reference no: EM133808020
Case: Today, courts must sometimes consider issues the framers of our Constitution could not have anticipated. In such cases, courts have had to develop new areas of jurisprudence.
For example, in Carpenter v. United States, 585 U.S. ___ 138 S. Ct. 2206, 201 L. Ed. 2d 507 (2018), the Supreme Court reviewed whether a government needs a warrant to access a person''s cellphone location history. Review this case.
Next, review Leaders of a Beautiful Struggle v. Baltimore Police Department, 2 F.4th 330 (4th Cir. 2021) (en banc). In Leaders of a Beautiful Struggle, the Fourth Circuit examined whether a police aerial surveillance program that can record the movements of virtually all of Baltimore''s residents at once violated the Fourth Amendment.
Now, let''s extrapolate what we have learned for use in other contexts. In your initial discussion post, discuss:
Question 1. What are the facts of each of the two cases? Compare the facts. Hire Experts Now!
Question 2. What did the Supreme Court and the Fourth Circuit decide in these cases? What is a geo-fence warrant?
Question 3. Given these cases, how would you advise a client concerned about mass searches of electronic devices and the use of DNA given to genealogy sites? What about law enforcement using Forensic Genetic Genealogy Searches to solve crimes; should this be permitted?
a. What major theories or practices from allied fields (e.g., healthcare, public policy, psychology, sciences, sociology, technology, etc.) might relate to this inquiry about DNA and the law? How can such data be used to help courts understand as they work on cases involving this evolving topic?
b. Has your state enacted any laws to stop, or permit, such use of DNA? If available, provide data about how the residents of this state feel about this topic.
Question 4. If you could change the federal or state constitution, how would you amend it to address this matter better? Be sure to identify exactly what you would change, including the specific language you would use. Document how and why you would do so, and articulate how your analysis here influenced the language you chose for your proposed change.