Case Study in DNA Fingerprinting
By Michael Symons and Laura Rivard
Introduction:
Earlier this year the Supreme Court heard arguments about the legality of collecting DNA from individuals arrested for, but not yet convicted of, felony offenses. Currently twenty-eight states and the federal government collect DNA samples at arrest for serious crimes. The specific case heard by the Supreme Court (Maryland v. King), involved a man who was arrested in 2009 for assault. A DNA sample was taken at the time of arrest and entered into the CODIS (DNA fingerprint) database. Eventually the charges were reduced to a misdemeanor, which doesn't warrant DNA collection. However, his DNA fingerprint remained in the database and was later found to match that of a suspect from a 2003 unsolved rape case. King was eventually convicted of that rape. His attorneys argued that the original DNA collection was unconstitutional and therefore not admissible as evidence. The state of Maryland argued that states should be permitted to use DNA to investigate cold cases even when the arrestee is not a suspect. King's attorneys argued that the Fourth Amendment requires a probable cause warrant for routine law enforcement investigations, including taking DNA samples. Our justice system is built on the presumption of innocence until guilt is proven in court. On June 3rd, the Supreme Court upheld the practice of collecting DNA at arrest. "Taking and analyzing a cheek swab of the arrestee DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment," wrote Justice Anthony Kennedy for the 5-4 majority decision.
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This year a Colorado House committee passed a bill that will require people who commit Class-I misdemeanors to provide a DNA swab. In Colorado, 178 offenses are classified as Class-I misdemeanors, from promoting a pyramid scheme, to third-degree assault, to unlawful recording of a live performance. Democratic Rep. Dan Pabon, who sponsored the bill, said his reasoning behind this bill is to solve cold cases and future crimes using DNA fingerprinting. The bill has not yet been enacted into law.
Case study:
Victoria Wilson is a recent college graduate. One unfortunate morning she was running late for a job interview at a cycling company she desperately wanted to work for. Victoria is an avid cyclist and uses a bicycle as her primary mode of transportation. In a misguided attempt to make the job interview on time, Victoria rode her bicycle through an intersection in which a yellow light had just turned red. Suddenly a pedestrian darted out in front of her. She slammed on her brakes, but not in time, and she hit the pedestrian. Victoria was fine, but the pedestrian broke her collarbone and needed medical attention. Police arrived shortly after and arrested Victoria for carelessly operating a vehicle while causing bodily injury to a person. After providing fingerprints and a mug shot, a lab technician took a cheek swab from her. When Victoria asked what the cheek swab was for she was told that it is a procedure to take a sample of her DNA for processing. Victoria had never been in trouble before and felt absolutely terrible about injuring another person. When Victoria was released from jail she did research on DNA fingerprinting and found out that a new law was just passed in her state, which gives law enforcement the right to take samples of DNA from persons convicted of a misdemeanor. Victoria found out that her DNA fingerprint would be kept in a database that can be accessed from multiple government agencies around the country.
References
Associated Press. "Just like fingerprints: Supreme Court says police can take DNA from arrestees without warrants". The Washington Post. June 3, 2013.
Lee, Curtis. "Colorado House panel OKs bill requiring DNA sample for certain Class 1 offenses". The Denver Post. April 12, 2013.
Image Credit: National Institute of Justice
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Thanx Laura for this information. Living in Belgium we just received the 'news' that our country is as leak as a sif when it comes to databases. And as put by Kristin, DNA alone can come from anywhere else, so there is room for mistakes even with this new evidence. Why not take a saliva sweep at birth from everybody?
Personally I don't have a problem with my DNA fingerprint being in a database with the provision that the only information stored is related to the repeated regions of my genome that are used for identity purposes. Simple google searches give more information about most people these days. However, with the government's post 9/11 attitude toward what constitutes reasonable surveillance (see Ilona's comment about the recent phone record story), I am concerned that the government may one day try to mine all the DNA data for things like "terrorism genes" under the guise of national security.
Seems as if your this about DNA banking by law enforcement overlaps fundamentally with issues raised by the NSA story out this week. When is vigilance of human activity intrusive and impinging on one’s civil rights? Does probable cause hold water anymore?
My thought is that it's appropriate for law enforcement to collect your DNA in any situation where you're being processed at a police station. I don't view it as a violation of privacy -- more of a demand for a certain kind of identification. I think having DNA in a database is less of a liability for people and more the opposite -- I wonder how many suspects are exonerated on the basis of a negative DNA match?
Also interesting to think about DNA and the 4th amendment in that your DNA can be legally collected from any item left behind by you in public places (without your permission or knowledge, and without your being arrested). In other words, if you're a suspect in a crime don't eat at a fast food restaurant or smoke cigarettes in public!!!! There are supreme court cases where the police have deliberately given a suspect cake in the interrogation room, and then collected DNA from the fork when he left! So don't accept any cake either !?
It's the classic question--do we give up some personal rights for the greater civic good? Would be great to see some statistics on how beneficial this would be/is already to effective crime solving. TV crime shows make it seem like it's so easy to access these databases and do these cold matchups, as if it's the holy grail to solving crimes. If it helps catch super violent offenders...it's hard to deny it does good. But does it really? And what are we giving up when we say it's ok to log our DNA for later comparisons? And is this worse than having our every phone call monitored and logged too? Do we have a choice anymore? Seems inevitable.
