If the prosecution requests a court order authorizing surgery to obtain physical evidence from a suspect's body, the judge will:

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The judge will grant the order if the prosecution's need for the evidence outweighs the medical danger to the suspect. However, the order must also be "reasonable under all the circumstances" as required by the Fourth Amendment. The judge will consider factors such as the invasiveness of the procedure, the potential harm to the suspect, and the availability of less intrusive alternatives before granting the order.

If the Prosecution Requests a Court Order Authorizing Surgery to Obtain