WEBVTT - Police Search High School, Pat Down 900 Students (Audio)

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<v Speaker 1>Broadcasting live to New York Bloomberg e living three oh

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<v Speaker 1>to Washington, d C. Bloomberg to Boston, Bloomberg twelve hundred,

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<v Speaker 1>to San Francisco, Bloomberg nine sixteen to the country Sirius

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<v Speaker 1>XM Gental one nineteen and around the bloat the Bloomberg

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<v Speaker 1>Radio Plus app and Bloomberg dot Com. This is Bloomberg Law.

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<v Speaker 1>I'm June Grosso with New York. Coming up on Bloomberg Law.

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<v Speaker 1>Parents are suing while police and Georgia are defending their

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<v Speaker 1>actions in putting a high school in Sylvester on lockdown

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<v Speaker 1>for hours and padding down each of the students. And

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<v Speaker 1>do police need a search warrant to collect a DNA

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<v Speaker 1>sample from the door handle of a car that's left

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<v Speaker 1>in a parking lot. That's coming up on Bloomberg Law,

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<v Speaker 1>But first check on the markets with Bloomberg's Charlie Pellett.

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<v Speaker 1>All right, thank you very much, Greg's store. Thank you,

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<v Speaker 1>June Grosso. We have got the DOW, the SMP and

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<v Speaker 1>Nez Dack all trading law right now. The SMP five

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<v Speaker 1>hunted index down four to twenty three eighty four, a

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<v Speaker 1>drop of two tenths of one percent down industrials down

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<v Speaker 1>thirty six, also of a drop of two tenths of

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<v Speaker 1>one percent. Nez Dank has been swinging between gains and

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<v Speaker 1>losses little change, but it is now lower by less

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<v Speaker 1>than half a point. The US economy expanded at the

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<v Speaker 1>slowest pace in three years, as weak auto sales and

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<v Speaker 1>lower home heating bills drank down consumer spending, offsetting a

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<v Speaker 1>pickup and investment led by housing and oil drilling. The

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<v Speaker 1>Commerce Department says gross domestic product, the value of all

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<v Speaker 1>goods and services produced, rose at a seven tenths of

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<v Speaker 1>a percent annualized rate after advancing two point one percent

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<v Speaker 1>in the prior quarter. Median forecast of economist survey by

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<v Speaker 1>Bloomberg called for a one percent game. Black Rocks Larry

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<v Speaker 1>Fink is warning the Trump administration's tax proposals are likely

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<v Speaker 1>to prompt higher deficits because they probably won't spur enough

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<v Speaker 1>economic growth and revenue. Starbucks shares they are moving lower

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<v Speaker 1>today after quarterly sales missed analysts estimates. And with more

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<v Speaker 1>on the story, here's Bloomberg's Patrice Sakara Charlie store sales

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<v Speaker 1>a key benchmark for his three percent last quarter, but

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<v Speaker 1>analyst pulled by Consensus Metrics projected a three point six

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<v Speaker 1>percent game. The results leave it up to chief executive

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<v Speaker 1>officer Kevin Johnson to reassure investors he has a plan

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<v Speaker 1>for reigniting sales, especially as cheaper rivals target his company's

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<v Speaker 1>market share. McDonald's has been advertising one and two dollar

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<v Speaker 1>drink specials this year, while the Duncan Donut's loyalty program

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<v Speaker 1>is drawing more. Conference Patrece Skora, Bloomberg Radio and Starbucks

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<v Speaker 1>is down now by two and a half percent again

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<v Speaker 1>recapping SMP down three points, a drop of two tenths

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<v Speaker 1>of one percent, Gold off a dollar ninety one tenth

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<v Speaker 1>of one percent, Crude Oil West Texas Intermediate up four

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<v Speaker 1>tenths of one percent. I'm Charlie Pellett and that Greg

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<v Speaker 1>store in June Grosso is a Bloomberg business flash. Thank you, Charlie.

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<v Speaker 1>Imagine sending your children to high school and learning that

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<v Speaker 1>police had put the school on lockdown for several hours

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<v Speaker 1>while they came in with drug dogs and patted down

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<v Speaker 1>each of the nine students, some aggressively any no illegal

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<v Speaker 1>substances parents have. Students in Fork County High School in

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<v Speaker 1>Georgia were furious and some are suing, but the police

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<v Speaker 1>are defending their actions. Add this fact to the equation.

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<v Speaker 1>It's the second time in a month that a search

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<v Speaker 1>was conducted at the school, although the first time there

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<v Speaker 1>were no path downs. Joining us our former federal prosecutor

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<v Speaker 1>George Newhouse, a partner at Denton's, and Laura Donahue, professor

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<v Speaker 1>at Georgetown Law School, George Sheriff Jeff Hobby, said the

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<v Speaker 1>invasive searches were necessary after arrest made in a series

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<v Speaker 1>of local burglaries revealed what he called drug activity at

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<v Speaker 1>the school, and that as long as a school administrator

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<v Speaker 1>was present, the search of the students was legal. What's

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<v Speaker 1>your response to that? That is not clear at all.

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<v Speaker 1>I would actually disagree with that assertion. Certainly, they had

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<v Speaker 1>legitimate need to do this kind of investigation, but as

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<v Speaker 1>far as I can see, particularly a pat down search. Now,

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<v Speaker 1>remember a pat down search is not a full blown

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<v Speaker 1>Fourth Amendment search. So it's and it's justified under the Constitution,

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<v Speaker 1>but it requires at least a reasonable suspicion that a

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<v Speaker 1>particular individual or suspect has contraband or a weapon or

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<v Speaker 1>some something like this. It appears that this search is

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<v Speaker 1>way overbroad. It's not done on consent, and frankly, it

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<v Speaker 1>probably resulted in a Fourth Amendment violation of the various

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<v Speaker 1>students who were subjected to it. Laura, at risk of

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<v Speaker 1>of acting like I'm on the side of the police here. Uh.

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<v Speaker 1>Isn't it established in the law though, that that students

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<v Speaker 1>have lesser lower level of constitutional rights than somebody who's

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<v Speaker 1>just walking out on the street. Uh. So, students do

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<v Speaker 1>have a lesser constitutional rate, but they do have a

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<v Speaker 1>constitutional right. The Fourth Amendment protections apply in public school systems.

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<v Speaker 1>So this has been long established. So the due process

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<v Speaker 1>clause incorporates the build rights against the states, and then

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<v Speaker 1>for Ohio, you know, the Fourth Amendment now applies h

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<v Speaker 1>to the to the states and students particularly. There's a

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<v Speaker 1>case called Tinker for Sa Moine Independent Community School District

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<v Speaker 1>in nine nine that said, you know, no, as students

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<v Speaker 1>don't shed their constitutional rights at the school house gate.

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<v Speaker 1>So the standard though, of reasonableness here is different for

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<v Speaker 1>school administrator than for the police. So for a school

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<v Speaker 1>administrator to do a pat down, it has to be

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<v Speaker 1>reasonable in light of whether it's justified at the inception

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<v Speaker 1>and reasonable in scope and under those criteria. It might

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<v Speaker 1>be reasonable in scope to do a pat down, but

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<v Speaker 1>that's different from the police. For the police to do it,

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<v Speaker 1>so it matters who's doing the search. For the police

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<v Speaker 1>to do it, they have to have probable cause in

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<v Speaker 1>order to do a search, which is which is a

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<v Speaker 1>higher standard. George, When you say pat down, I'm wondering,

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<v Speaker 1>you know, I'm thinking of a pat down like you've

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<v Speaker 1>seen in a TV show. In this case, they admitted

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<v Speaker 1>the police that some of the packdowns were especially aggressive,

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<v Speaker 1>and some reports are that the searches ex tended to

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<v Speaker 1>the girl's bras and the inside of the boys and

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<v Speaker 1>girls pants and thighs. Is that a pat down? Well,

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<v Speaker 1>it's a great question, June. And remember the pat down

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<v Speaker 1>search or stop and frisk goes back to a Supreme

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<v Speaker 1>Court case called Carry versus Ohio, which is at least

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<v Speaker 1>thirty or forty years old. And in that case, it

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<v Speaker 1>was a very limited search. It was literally a a

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<v Speaker 1>officers stopping a suspect he had reasonable suspicion to be

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<v Speaker 1>concerned for his safety and the intrusion of the search

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<v Speaker 1>was extremely limited. So this these aggressive searches, and certainly,

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<v Speaker 1>as you've described it, I would believe that would be

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<v Speaker 1>a full blown Fourth Amendment search that would require probable

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<v Speaker 1>cause or some exception to the warrant requirement that would

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<v Speaker 1>otherwise definding on the police. And I completely agree the

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<v Speaker 1>students have Fourth Amendment rights like anyone else. And there

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<v Speaker 1>may be in some circumstances administrative search is done by

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<v Speaker 1>school officials, which are not really done necessarily for law

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<v Speaker 1>enforceable purposes. Could be said duct to a more lenient standard.

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<v Speaker 1>But um, the kind of search that you're describing intrusion

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<v Speaker 1>would clearly trigger Fourth Amend and interest, Laura, I think

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<v Speaker 1>this may be factually disputed. But if school administrators were

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<v Speaker 1>there watching the police, does that help police at all

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<v Speaker 1>in terms of their their justification? No? No, Actually, the

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<v Speaker 1>courts have come out instaid just standing there is not

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<v Speaker 1>sufficient to trigger, for instance, increased Fourth Amendment protection. So similarly,

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<v Speaker 1>it would not be sufficient for a reduced standard of

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<v Speaker 1>just reasonable suspicion to apply to the search itself. Um,

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<v Speaker 1>and as Georgia is saying, the intrusiveness of the search

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<v Speaker 1>actually is the key point. So there there having cases

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<v Speaker 1>where schools have for instance looked inside um, the band

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<v Speaker 1>you know going around in the pants or in girls

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<v Speaker 1>bras and this has been ruled to be unconstitutional for

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<v Speaker 1>them to do that. The other point that's worth bringing

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<v Speaker 1>up is it's also not sufficient for the reasonableness prong

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<v Speaker 1>even for school administrators to say that somebody hangs out

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<v Speaker 1>with somebody else and therefore they've waived any protections against search.

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<v Speaker 1>So that's actually an insufficient reason to say it's a

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<v Speaker 1>certainly thing that they go to the same school is

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<v Speaker 1>even one step removed from that. So I would really

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<v Speaker 1>question the constitutionality of these actions. And I just want

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<v Speaker 1>to add that the school administrator in this case said

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<v Speaker 1>he did not give any consent to the police to

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<v Speaker 1>do any pat downs. Coming up on Bloomberg law, what

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<v Speaker 1>kind of a search by police constitutes a trespass and

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<v Speaker 1>a Fourth Amendment search? How about swabbing the exterior door

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<v Speaker 1>handle of a car parked at a mall to collect DNA?

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<v Speaker 1>But now the latest world of national news from Nathan

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<v Speaker 1>Hagar in the Bloomberg News Room in Washington, d C.

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<v Speaker 1>Nathan June. Thanks. President Trump has just arrived in Atlanta,

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<v Speaker 1>where he will become the first sitting president since Ronald

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<v Speaker 1>Reagan to address the National Rifle Association's annual convention. President

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<v Speaker 1>will also attend a private fundraiser for a Republican Karen Handle.

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<v Speaker 1>She's headed into a runoff special election for the congressional

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<v Speaker 1>seat that was left empty by Health and Human Services

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<v Speaker 1>Secretary Tom Price. Now before he arrived in Atlanta, the

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<v Speaker 1>President signed another executive order. This one aimed at expanding

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<v Speaker 1>oil and gas drilling in the Arctic and other federal

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<v Speaker 1>waters were unleashing American energy and clearing the way for

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<v Speaker 1>thousands and thousands of high paying American energy jobs. This

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<v Speaker 1>order reverses an effort by then President Obama to make

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<v Speaker 1>most federal waters off limits to drilling indefinitely. California Attorney

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<v Speaker 1>General Javier Bassara released a statement saying his state will

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<v Speaker 1>vigorously oppose offshore drilling shut down averted. First, the House,

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<v Speaker 1>now the Senate have passed a one week spending bill

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<v Speaker 1>to keep the government open. Never too late to do

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<v Speaker 1>the right thing, if my mom used to say, and

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<v Speaker 1>the right thing to do today is to pass this rule.

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<v Speaker 1>Pass this bill, give our friends, the appropriators the time

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<v Speaker 1>that they need to negotiate a final bill. Oklahoma Republican

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<v Speaker 1>Congressman Tom Cole on the House floor those appropriators are

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<v Speaker 1>expected to work through the weekend to iron out their

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<v Speaker 1>differences on a trillion plus dollar bill for the rest

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<v Speaker 1>of this fiscal year. Global News twenty four hours a day,

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<v Speaker 1>powered by more than twenty six hundred journalists, analysts and

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<v Speaker 1>The radio blows Mobile Lab and on your radio's a

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<v Speaker 1>Bloomberg Business Lack. Bloom Bloomberg World Handquaters. I'm Charlie Pellock

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<v Speaker 1>Nezdak trading close to a record. The downin SMP lower

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<v Speaker 1>little change right now. Treasuries are dropping, oil closing in

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<v Speaker 1>on fifty dollars of barrel even after the US economy

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<v Speaker 1>report of its slowest pace of expansion in three years.

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<v Speaker 1>The tenure yield two point three percent, Gold up two dollars,

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<v Speaker 1>the ounce to twelve sixty seven up two tenths of

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<v Speaker 1>one percent. West Texas Intermedia crewed up thirty cents of

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<v Speaker 1>arrel seven on w t I up six tenths of

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<v Speaker 1>one percent. The SMP five hundred index down four four

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<v Speaker 1>down two tenths of one percent down. Industrials down forty

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<v Speaker 1>also a drop of two tenths of one percent. Nastack,

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<v Speaker 1>Laura Little changed down now by half a point. I'm

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<v Speaker 1>Charlie Pelotan That gregg store in June Grosso is a

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<v Speaker 1>Bloomberg business flash. Thank you so much, Charlie. When does

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<v Speaker 1>police action count as a Fourth Amendment search? The Supreme

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<v Speaker 1>Court has said the government commits a search when it

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<v Speaker 1>trespasses on a person's houses, papers, and effects, among other things.

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<v Speaker 1>But here's the problem. What's the test for a trespass?

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<v Speaker 1>In a new decision of Louisiana, federal judge found that

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<v Speaker 1>the police swabbing the exterior door of a murder suspects

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<v Speaker 1>car parked in a mall for DNA was a Fourth

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<v Speaker 1>Amendment search because it trespassed on the car. We've been

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<v Speaker 1>talking to former federal prosecutor George Newhouse, a partner at Denton's,

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<v Speaker 1>and Laura Donahue, a professor at Georgetown Law School. George,

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<v Speaker 1>this investigation is the subject of the Discovery Channel TV

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<v Speaker 1>show Killing Fields. Tell us what happened? Well, the individual Schmidt,

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<v Speaker 1>was suspected of having committed a murder and the police

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<v Speaker 1>decided that they needed his d N a UH to

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<v Speaker 1>obviously compare against samples collected in the evidence. So they

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<v Speaker 1>went to his car and on the external side of

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<v Speaker 1>the car, the door handle, they swabbed UH and obtained

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<v Speaker 1>his DNA. So they didn't actually go inside the car, UH,

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<v Speaker 1>they simply swabbed the X the handle and obtained DNA,

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<v Speaker 1>and he then brought a lawsuit inter this wasn't necessarily

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<v Speaker 1>at this point the result of the criminal prosecution that

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<v Speaker 1>Schmidt sues the police and says, you've violated the Fourth

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<v Speaker 1>Amendment by conducting a search on the external part of

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<v Speaker 1>my car and my DNA is private and you didn't

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<v Speaker 1>have probable cause, which they didn't or warrant to obtain it.

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<v Speaker 1>So that's where the issue was fronted, and the judge

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<v Speaker 1>basically actually ironically dismissed the lawsuit, but after finding that

0:12:59.640 --> 0:13:01.600
<v Speaker 1>there had been in fact of search. So it's an

0:13:01.600 --> 0:13:06.520
<v Speaker 1>interesting issue of continuing march of technology because you know,

0:13:06.559 --> 0:13:08.800
<v Speaker 1>twenty five years ago this would never have even been

0:13:08.840 --> 0:13:12.960
<v Speaker 1>an issue. Laura, I think it is the case that,

0:13:13.080 --> 0:13:15.800
<v Speaker 1>in correct me if I'm wrong, that if somebody you know,

0:13:15.840 --> 0:13:17.640
<v Speaker 1>took a sip out of a plastic cup and threw

0:13:17.679 --> 0:13:20.280
<v Speaker 1>it in the trash, there'd be no problem with with

0:13:20.480 --> 0:13:25.160
<v Speaker 1>police getting the DNA from that cup. How did the

0:13:25.240 --> 0:13:28.640
<v Speaker 1>judge here describe why a car in a parking lot

0:13:28.720 --> 0:13:31.560
<v Speaker 1>might be different from that cup in a trash can. Yeah.

0:13:31.640 --> 0:13:33.839
<v Speaker 1>So the case that you're referring to is a case

0:13:33.840 --> 0:13:36.840
<v Speaker 1>called Cerralo where somebody had put garbage out on the

0:13:36.880 --> 0:13:39.120
<v Speaker 1>curb site and the court, in a in a fairly

0:13:39.400 --> 0:13:44.000
<v Speaker 1>closely uh closely divided court decided that that was not

0:13:44.080 --> 0:13:46.640
<v Speaker 1>a search. But in this case, there was another case

0:13:46.679 --> 0:13:49.679
<v Speaker 1>that's interviewing in. There's a case called United States First Jones.

0:13:50.120 --> 0:13:52.520
<v Speaker 1>And in that case, there was a suspected drug dealer

0:13:52.559 --> 0:13:56.840
<v Speaker 1>in Washington, d c. And the police went to get

0:13:56.840 --> 0:14:00.760
<v Speaker 1>a warrant to put a bug on the perspected drug

0:14:00.840 --> 0:14:04.400
<v Speaker 1>dealer's wife's car, for they had a ten day period

0:14:04.440 --> 0:14:06.640
<v Speaker 1>to put that device on the car. And outside of

0:14:06.640 --> 0:14:09.520
<v Speaker 1>that ten day period, they put the device on the car,

0:14:09.840 --> 0:14:12.319
<v Speaker 1>and then they followed that car around for twenty eight days.

0:14:12.679 --> 0:14:15.200
<v Speaker 1>And when that came to the Supreme Court, Justice Scalia

0:14:15.360 --> 0:14:17.840
<v Speaker 1>offered the opinion of the court which said that it

0:14:17.880 --> 0:14:20.960
<v Speaker 1>was a trespass because attaching a deeper to the outside

0:14:20.960 --> 0:14:23.880
<v Speaker 1>of the car was a trespass on the car itself.

0:14:23.920 --> 0:14:26.840
<v Speaker 1>And he got a majority. So five justices went with

0:14:27.000 --> 0:14:30.080
<v Speaker 1>him on that case that that actually this was a trustpass.

0:14:30.160 --> 0:14:32.720
<v Speaker 1>So what's interesting if there's there's another case, kind of

0:14:32.760 --> 0:14:34.440
<v Speaker 1>a companion case that that didn't come up in this

0:14:34.560 --> 0:14:37.920
<v Speaker 1>contexts that Maryland versus King, where you have somebody who

0:14:38.640 --> 0:14:41.800
<v Speaker 1>had had been a suspected of assault and he was arrested,

0:14:41.800 --> 0:14:43.560
<v Speaker 1>and when he was arrested, they did a slab of

0:14:43.640 --> 0:14:46.600
<v Speaker 1>his cheek and got his DNA and when they ran

0:14:46.680 --> 0:14:49.920
<v Speaker 1>at DNA, they found that it matched the evidence in

0:14:50.000 --> 0:14:53.120
<v Speaker 1>a rape case and they used that evidence to convict him.

0:14:53.360 --> 0:14:55.480
<v Speaker 1>So when the question came to the court, can you

0:14:55.560 --> 0:14:59.520
<v Speaker 1>take DNA evidence and use it for this other crime?

0:14:59.560 --> 0:15:03.560
<v Speaker 1>You know, is as a search again? Hight Court five four.

0:15:03.720 --> 0:15:06.880
<v Speaker 1>Justice Kennedy authored the opinion. He said, well, there's a

0:15:06.920 --> 0:15:10.200
<v Speaker 1>legitimate state interest. H It's not invasive enough when you

0:15:10.240 --> 0:15:14.320
<v Speaker 1>take DNA from inside somebody's mouth. It was collected during

0:15:14.320 --> 0:15:16.880
<v Speaker 1>the booking and arrest. Therefore it could be used. But

0:15:17.000 --> 0:15:19.920
<v Speaker 1>Justice Scalia authored the defense there and he said, no,

0:15:20.040 --> 0:15:22.640
<v Speaker 1>the Fourth Amendment protects the search of a person for

0:15:22.680 --> 0:15:25.920
<v Speaker 1>evidence of a crime without probable cause, and that this

0:15:26.000 --> 0:15:29.560
<v Speaker 1>was operating as a general warrant. So the question here

0:15:29.640 --> 0:15:32.880
<v Speaker 1>is between this US versus Jones case, where touching the

0:15:32.880 --> 0:15:35.960
<v Speaker 1>outside of a car as a trespass and this DNA case,

0:15:36.000 --> 0:15:38.160
<v Speaker 1>where it was actually the desfense that said this is

0:15:38.160 --> 0:15:42.520
<v Speaker 1>a search to actually take somebody's DNA. So, George, it

0:15:42.680 --> 0:15:46.040
<v Speaker 1>seems as if there's room to disagree with the way

0:15:46.240 --> 0:15:50.280
<v Speaker 1>the judge decided this case. I mean, do you think

0:15:50.320 --> 0:15:54.040
<v Speaker 1>that there's room to disagree? Not only is there room,

0:15:54.080 --> 0:15:57.240
<v Speaker 1>but I do disagree with the Federal District judge's opinion,

0:15:57.720 --> 0:16:00.200
<v Speaker 1>and I do not believe that's the Supreme Court will

0:16:00.200 --> 0:16:03.400
<v Speaker 1>follow this this line of thinking. Um. As Laura correctly

0:16:03.440 --> 0:16:07.200
<v Speaker 1>points out. The real problem, however, is this current standard

0:16:07.440 --> 0:16:11.520
<v Speaker 1>of determining whether there's a legitimate fourth amend interest by

0:16:11.600 --> 0:16:14.760
<v Speaker 1>coming up with this property that's trust task to chattels,

0:16:14.840 --> 0:16:18.240
<v Speaker 1>which is just an archaic term of course for property. UM.

0:16:18.320 --> 0:16:21.800
<v Speaker 1>And that was in fact the rationale and Jones. But

0:16:21.880 --> 0:16:25.400
<v Speaker 1>in this case, I think the the answer is going

0:16:25.440 --> 0:16:27.720
<v Speaker 1>to be if you leave something in the public, whether

0:16:27.760 --> 0:16:30.480
<v Speaker 1>it's trash put at the side of the curb or

0:16:30.560 --> 0:16:34.120
<v Speaker 1>the external the exterior of your car, I don't think

0:16:34.120 --> 0:16:37.000
<v Speaker 1>the Court's going to say that we have a continuing

0:16:37.040 --> 0:16:40.720
<v Speaker 1>Fourth Amendment right of privacy, and I think that legitimate

0:16:40.720 --> 0:16:44.760
<v Speaker 1>police investigations where they are sampling or getting evidence from

0:16:44.880 --> 0:16:47.760
<v Speaker 1>something that you consciously put in the public. Now you

0:16:47.800 --> 0:16:51.040
<v Speaker 1>may not realize that your DNA is out there as well,

0:16:51.320 --> 0:16:53.440
<v Speaker 1>but it is out there. It would be available for

0:16:53.520 --> 0:16:56.920
<v Speaker 1>anyone to, you know, come by and swab the exterior

0:16:57.160 --> 0:16:59.280
<v Speaker 1>handle of your of your of your car door. So

0:16:59.320 --> 0:17:01.560
<v Speaker 1>I think at the end of the day, the Supreme

0:17:01.600 --> 0:17:05.520
<v Speaker 1>Court will probably not follow this this logic. Laura, do

0:17:05.560 --> 0:17:07.399
<v Speaker 1>you agree with that, and if so, how do you

0:17:07.440 --> 0:17:09.639
<v Speaker 1>distinguish it from the Jones case? I mean both of

0:17:09.680 --> 0:17:13.280
<v Speaker 1>their cases where there wasn't any damage to the car.

0:17:13.359 --> 0:17:16.240
<v Speaker 1>In Jones it was just a device put on the car.

0:17:16.720 --> 0:17:21.000
<v Speaker 1>Um If that was the Fourth Amendment action there, why

0:17:21.000 --> 0:17:25.520
<v Speaker 1>wouldn't this be Oh, I do disagree, respectfully, George. I

0:17:25.560 --> 0:17:28.199
<v Speaker 1>disagree with that because in this case, so you have

0:17:28.280 --> 0:17:30.400
<v Speaker 1>somebody stopping the outside of a car and getting very

0:17:30.440 --> 0:17:35.160
<v Speaker 1>personal information. And the Fourth Amendment grants the right uh

0:17:35.240 --> 0:17:38.119
<v Speaker 1>for people to be secure in their persons, houses, papers,

0:17:38.119 --> 0:17:40.359
<v Speaker 1>and effects, and part of that right to be secure

0:17:40.359 --> 0:17:43.320
<v Speaker 1>in your person has control over your DNA. So just

0:17:43.520 --> 0:17:46.600
<v Speaker 1>as the Justice Scalia in the descent in Maryland versus

0:17:46.680 --> 0:17:49.240
<v Speaker 1>King pointed out this was a search to find out

0:17:49.280 --> 0:17:52.240
<v Speaker 1>more about somebody's DNA and to identify people using DNA.

0:17:52.600 --> 0:17:54.680
<v Speaker 1>And you combine that with the trust pass that goes

0:17:54.720 --> 0:17:57.239
<v Speaker 1>on when you attach something to a car, which is

0:17:57.280 --> 0:18:00.320
<v Speaker 1>the court's decision in this case. In addition, the idea

0:18:00.320 --> 0:18:03.240
<v Speaker 1>of public verse private, this is one of many ways

0:18:03.280 --> 0:18:06.439
<v Speaker 1>fourth Moment doctrine is really unsuited to a digital age.

0:18:06.640 --> 0:18:08.679
<v Speaker 1>There's this idea that when you're in your home your private,

0:18:08.680 --> 0:18:10.760
<v Speaker 1>but when you leave your home, it's not a search

0:18:10.880 --> 0:18:14.240
<v Speaker 1>because you're in public. Yet, a shadow majority and Jones

0:18:14.240 --> 0:18:17.480
<v Speaker 1>recognized that following a car for twenty eight days, even

0:18:17.520 --> 0:18:20.199
<v Speaker 1>though that car was on public streets, that there is

0:18:20.240 --> 0:18:23.520
<v Speaker 1>a privacy interest in that. Now the Court has not

0:18:23.600 --> 0:18:25.639
<v Speaker 1>fully moved in that direction. People point at this as

0:18:25.680 --> 0:18:27.879
<v Speaker 1>a shadow majority in Jones, even though it's decided on

0:18:28.119 --> 0:18:30.640
<v Speaker 1>trustpass grounds. But I think the court, if you look

0:18:30.640 --> 0:18:33.000
<v Speaker 1>at that case, in the Florida versus Riley case, which

0:18:33.080 --> 0:18:35.040
<v Speaker 1>is has to do with a search of an individual's

0:18:35.040 --> 0:18:37.680
<v Speaker 1>cell phone, the court is beginning to understand it in

0:18:37.720 --> 0:18:40.879
<v Speaker 1>a digital age, not everything that's done in public can

0:18:40.920 --> 0:18:45.359
<v Speaker 1>be collected twenty four seven, and there's no privacy interest entailed.

0:18:45.400 --> 0:18:48.120
<v Speaker 1>You can learn a tremendous amount about an individual from

0:18:48.160 --> 0:18:51.119
<v Speaker 1>what happens in public there's that kind of constant monitoring

0:18:51.400 --> 0:18:53.639
<v Speaker 1>is problematic. So I actually think the court might go

0:18:53.920 --> 0:18:56.600
<v Speaker 1>a different direction and finally recognize that we can have

0:18:56.640 --> 0:18:59.359
<v Speaker 1>a privacy interest in what we do in public space,

0:18:59.680 --> 0:19:01.600
<v Speaker 1>and in this instance it has to do with the

0:19:01.640 --> 0:19:04.040
<v Speaker 1>sanctity of the person their DNA. It's hard to think

0:19:04.080 --> 0:19:07.880
<v Speaker 1>of anything more fundamental to personal privacy than your genetic material.

0:19:08.440 --> 0:19:10.320
<v Speaker 1>I want to thank you both. It's good to have

0:19:10.359 --> 0:19:14.000
<v Speaker 1>a difference of opinionency both sides. That's Laura Donna Hugh,

0:19:14.080 --> 0:19:18.640
<v Speaker 1>a professor Georgetown Law School, and former federal prosecutor. George Newhouse,

0:19:18.880 --> 0:19:21.679
<v Speaker 1>a partner at Denton's. That's it for this edition of

0:19:21.680 --> 0:19:24.640
<v Speaker 1>Bloomberg Law. We'll be back Monday at one pm Wall

0:19:24.680 --> 0:19:28.719
<v Speaker 1>Street Time. In about fifteen seconds, Corey Johnson coming up

0:19:28.720 --> 0:19:34.040
<v Speaker 1>with Bloomberg Markets. What's happening, Corey. Maybe Corey is is

0:19:34.040 --> 0:19:37.000
<v Speaker 1>not right there, but I will tell you that a

0:19:37.040 --> 0:19:39.000
<v Speaker 1>lot is going to be happening there in San Francisco.

0:19:39.119 --> 0:19:43.120
<v Speaker 1>Corey Johnson and Carol Masser coming up on Bloomberg markets.

0:19:43.160 --> 0:19:43.960
<v Speaker 1>This is Bloomberg