As a result, they might reject the evidence despite expert consensus that these assumptions are valid. Questions about U. For example, obtaining biological samples from suspects for comparison with evidence at the scene of a crime may conflict with the Fourth Amendment freedom from unreasonable search and seizure. The Fifth Amendment freedom from self-incrimination might also prevent the use of such evidence, however it is obtained.
Serious concerns about fundamental civil liberties are raised by the prospect of creating computerized databases of genetic information on individuals. Pending legislative approval, California plans to require that all convicted violent criminals provide blood and saliva samples for DNA fingerprinting. Biological evidence from the scene of future crimes would be compared against the genetic database to identify alleged perpetrators. Similar plans are now being considered in Colo rado Virginia, and Washington state.
Also, the Federal Bureau of Investigation is planning a national genetic database. The FBI sees other potential uses for its database, such as to help identify missing persons. But to do this, the database would require DNA fingerprints from all citizens, not just convicted violent criminals. The risk of potential abuses, such as the invasion of privacy, might outweigh the benefits of a statewide or national genetic database on all citizens.
Clearly, DNA fingerprinting is a powerful new tool for law-enforcement officials. But like most new technologies, it also has serious social implications, which must be addressed by the scientific and legal communities before society can realize the benefits of DNA fingerprinting. 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.
DNA Fingerprinting: A Powerful Law-Enforcement Tool With Serious Social Implications
Victoria found out that her DNA fingerprint would be kept in a database that can be accessed from multiple government agencies around the country. Associated Press. The Washington Post. June 3, Lee, Curtis. The Denver Post.
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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.
Seems as if your this about DNA banking by law enforcement overlaps fundamentally with issues raised by the NSA story out this week. 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? 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 But does it really?
And what are we giving up when we say it's ok to log our DNA for later comparisons?