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Randall Fincke (Fincke) was an entrepreneur on a mission to expand automated electronic defibrillation (AED) technology. In 2000, Fincke and a business partner formed Access Cardiosystems, Inc. (Access) to market, manufacture, and sell Fincke’s new AED technology. From its inception, Access was not financially stable, and in early 2001, Fincke was forced to invest his personal funds into the company. Subsequently, Fincke began to look for outside investors to help fund Access’s business operations. Eventually, Fincke found three loyal investors (the Investors), who invested 4.6 million dollars in Access between the spring of 2001 and June 2002.
The Fourth Amendment to the U.S. Constitution was enacted to protect citizens from unreasonable searches and seizures. In Maryland v. King, a case of first impression, the Supreme Court addressed the question of whether a warrantless search and seizure of an arrestee’s DNA would be afforded Fourth Amendment protection. The Court, utilizing a reasonableness balancing test, held that the government’s compelling interest of identifying criminals outweighed the arrestee’s right to privacy and found the search and seizure constitutional.