Cardozo Public Law, Policy & Ethics Journal
Abstract
The Ninth Circuit's decision in United States v. Comprehensive Drug Testing erodes Fourth Amendment protections by allowing government agents to search and seize private information from commercial electronic databases without a warrant or particularized suspicion, raising significant concerns about privacy rights in the digital age. The ruling permits the government to retain and use evidence beyond the scope of the original warrant, undermining constitutional safeguards and disproportionately impacting industries like healthcare. The decision highlights the tension between law enforcement needs and individual privacy, with the dissent warning of far-reaching consequences for personal data security.
Disciplines
Criminal Law | Criminal Procedure | Entertainment, Arts, and Sports Law | Law | Law Enforcement and Corrections
Recommended Citation
Aaron S. Lowenstein,
Search and Seizure on Steroids: United States v. Comprehensive Drug Testing and its Consequences for Private Information Stored on Commercial Electronic Databases,
6
Cardozo Pub. L. Pol’y & Ethics J.
101
(2007).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol6/iss1/5
Included in
Criminal Law Commons, Criminal Procedure Commons, Entertainment, Arts, and Sports Law Commons, Law Enforcement and Corrections Commons