Fourth Amendment Balancing and Searches into the Body

Authors

Michael Lee Ashner

Abstract

The United States Court of Appeals for the District of Columbia Circuit upheld as reasonable the surgical removal of a bullet from the defendant's body without his consent. The author analyzes the court's reasoning and suggests an analytical approach for courts to use when dealing with such bodily intrusions. The author concludes that the courts should weigh such factors as the seriousness of the crime, the importance of the evidence, the probability of obtaining the evidence, the availability of alternative evidence and the risk of danger to the defendant.

Recommended Citation

Michael Lee Ashner, Fourth Amendment Balancing and Searches into the Body, 31 U. Mia. L. Rev. 1504 (1977)
Available at: https://repository.law.miami.edu/umlr/vol31/iss5/7