FourthAmendment CriminalProcedure Privacy
Does a warrant commanding the police to seize a blood sample from a person with an entirely different name than the defendant violate the Fourth Amendment's particularity requirement, even if the warrant is based on an affidavit that correctly names the defendant?
QUESTION PRESENTED The Fourth Amendment to the Constitution provides, in part, that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Does a warrant commanding the police to seize a blood sample from a person with an entirely different name than the defendant violate the Fourth Amendment’s particularity requirement, even if the warrant is based on an affidavit that correctly names the defendant?