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Comment: DNA as Property: Implications on the Constitutionality of DNA Dragnets

Abstract

Joe Smith is a maintenance worker at County Hospital. One morning he reported to work to find an array of law enforcement vehicles and personnel scattered about the premises. He proceeded to his locker to prepare for work and was confronted by a policeman. Apparently an elderly female patient was sexually assaulted late one night during the previous week. The police officer informed Joe that all male employees were required to give a blood sample to rule out their implication in the assault. Joe was apprehensive and stated that because he worked first shift, he could not possibly have been involved. The police officer told Joe that a warrant would be obtained if he resisted. Reluctantly, Joe agreed, though he did not understand how a sample of his blood could help this investigation. Was Joe required to give this blood sample, and further, should he have been afforded any constitutional protections?\u

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