46 Suffolk U. L. Rev. 319

Constitutional Law—Supreme Court of Minnesota Upholds Warrantless DNA Sample of Individual Convicted of Misdemeanor—State v. Johnson, 813 N.W.2d 1 (Minn. 2012)

PdfPDF by Raymond Grant · February-24-2013 · Categories: Case Comments, Number 1, Print Edition, Volume 46

The Fourth Amendment of the U.S. Constitution and article I, section 10 of the Minnesota Constitution protect an individual’s privacy right from an unreasonable search or seizure.  However, courts have upheld the constitutionality of some searches when an individual’s expectation of privacy is outweighed by a legitimate governmental interest.  In State v. Johnson, the Supreme Court of Minnesota considered whether a Minnesota statute violated an individual’s right to privacy by authorizing DNA collection from an individual charged with a felony offense but convicted of a misdemeanor arising from the same conduct.  The court held that the statute, as applied to the defendant in this case, did not violate the United States or Minnesota constitutional protection against unreasonable searches and seizures [...]