Monday, May 09, 2005

Warrantless Searches at Their Fingertips?

I've been skimming over Grits's worrisome posts about biometric data being stored by Texas DPS over the past few weeks. I basically agreed that it sounded like a bad idea and was glad the ACLU was doing what they could to oppose it. Then, I read this post, and realized how frightening it should be for criminal defense lawyers. I can just see the government's arguments in response to a motion to suppress now. "Your honor, there could be no reasonable expectation of privacy if the passwords for the records were biometric data the defendant should have known was already in possession of the State." And since there's no reasonable expectation of privacy, there's no search. No search, no need for a warrant.


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2/24/2010 11:15 AM  

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