The two common Fourth Amendment exceptions that are part of this DB are consent and probable cause. Both aspects should be articulated in your answer.
The Fourth Amendment protects people from unreasonable searches and seizures. Taking fingerprints from a person is considered to be a seizure and it must be done with probable cause or consent. With probable cause, police are allowed to take a person’s fingerprints and photograph, and record and maintain records of them. Consider how these same standards apply to other aspects of biometric data.
- Identify one biometric characteristic other than fingerprints (e.g., eye scanning, facial scanning, etc.) and explain how the Fourth Amendment would apply to the collection of that data.
- Under what circumstances might law enforcement be able to compel the collection of other biometric data?
- Why would the collection of those biometric data be considered reasonable?
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