What Will We Do With Innocent People's DNA?

NevDull writes "As creepy as it may be to deal with identity theft from corporate databases, imagine being swabbed for DNA samples as a suspect in a crime, being vindicated by that sample, and never even being told why you were suspected. This article discusses a man, Roger Valadez, who's fighting both to have his DNA sample and its profile purged from government records, and to find out why he and his DNA were searched in the BTK case. DA Nola Foulston said, 'I think some people are overwrought about their concerns.' -- convenient as she wasn't the one probed without explanation. The article then mentions that 'In California, police will be able in 2008 to take DNA samples from anyone arrested for a felony, whether the person is convicted or not, under a law approved by voters in November.' What will be the disposition of the DNA of the innocent?"

Comments

Re:Too many "easy" counterargs

[angle_slam]

This stuff has already been decided. A DNA sample is not covered by the 5th amendment.

I voted against this thing...

[jeblucas]

'In California, police will be able in 2008 to take DNA samples from anyone arrested for a felony, whether the person is convicted or not, under a law approved by voters in November.'

For those that think you can just have the record expunged if you are found innocent, here's the fine print from the statute. (Source is here, page 143):

(a)A person whose DNA profile has been included in the data bank pursuant to this chapter shall have his or her DNA specimen and sample destroyed and searchable database profile expunged from the data bank program pusuant to the procedures set forth in subdivision (b) if the person has no past or present offense or pending charge which qualifies that person [for inclusion] and there is otherwise no legal bases for retaining the specimen or sample or searchable profile.

(b)Pursuant to subdivision (a), a person who has no past or present qualifying offense, and for whom there otherwise is no legal basis for retaining the specimen or sample or searchable profile, may make a written request to have his or her specimen and sample and searchable database profile expunged from the data bank program if:

1. Following arrest, no accusatory pleading has been filed within the applicable period allowed by law charging the person with a qualifying offense as set forth [earlier] or if the charges which served as the basis for including the DNA profile [in the data bank] have been dismissed prior to adjudication by a trier of fact;
2. The underlying conviction or disposition serving as the basis for including the DNA profile has been reversed and the case dismissed;
3. The person has been found factually innocent of the underlying offense [pusuant to statute]; or
4. The defendent has been found not guilty or the defendent has been acquitted of the underlying offense.

(c)(1)The person requesting the data bank entry to be expunged must send a copy of his or her request to the trial court of the county where the arrest occured, or that entered the conviction or rendered disposition in the case, to the [lab], and to the prosecuting attorney of the county in which he or she was arrested or, convicted, or adjudicated, with proof of service on all parties. The court has the discretion to grant or deny the request for expungement. The denial of a request for expungement is a nonappealable order and shall not be reviewed by petition or writ.

Emphasis mine. So even if you jump through the damn complicated hoops, a judge can just say "No" and you are done--it's there for good. That's some great law, California! As for the earlier poster that thinks this is OK because we leave DNA everywhere anyway, like Gattaca--that movie did not represent this situation as a GOOD THING. It was a dystopian vision, not something to begrudgingly accept.

This is going to be a big issue FAST

[hotspotbloc]

In January 2005 the Truro, MA Police Department announced that they wanted to collect DNA samples from 800 men, the vast majority of the town's male population, in hopes of solving a woman's murder who's solution have alluded the local authorities for three years. The recommendation originated with FBI Investigators assisting with the case. The chilling comment came from Cape and Islands District Attorney Michael O'Keefe who said that investigators "will be compelled to look at why people won't" submit a DNA sample.

What happens if mass testing becomes "routine" throughout the US? The fair and proper terms for the disposal of DNA samples of vindicated people is going to become a big, big thing. And please, don't give me "if you're innocent you have nothing to fear". DNA evidence can easily be altered or corrupted within the first few hours of collection. Especially if you have a sample already in hand. A very uncommon thing today but who can say about tomorrow.

We all know the answer to these questions:

Will the DNA sample of a vindicated person be disposed of after the trial, after all appeals or never? Never

Will the refusal to voluntarily give a DNA sample subject you to further scrutiny than a similar person who willingly submits? Yes

Will employers someday within the next ten years require a DNA sample for employment, similar to how most major retail chains require a test for legel and illegal drug use (Like Wal-Mart or Home Depot)? Yes

Will the US Congress do anything to protect the rights of the individual into this intrusion into one's privacy? No

Welcome to the New Amerika. Please leave your quaint notions of personal freedom at the border.

Here and Now : Truro DNA Case - 1/12/2005
Boston.com / News / Local / DNA testing troubles some in Truro
CBS News ACLU Slams Mass DNA Collection
USATODAY.com - ACLU seeks end to Mass. DNA collections
Cape Cod Times article: "New England town abuzz over DNA dragnet"

Re:Illegal search and seizure

[Atmchicago]

(c)(1)The person requesting the data bank entry to be expunged must send a copy of his or her request to the trial court of the county where the arrest occured, or that entered the conviction or rendered disposition in the case, to the [lab], and to the prosecuting attorney of the county in which he or she was arrested or, convicted, or adjudicated, with proof of service on all parties. The court has the discretion to grant or deny the request for expungement. The denial of a request for expungement is a nonappealable order and shall not be reviewed by petition or writ. (thank you jeblucas!)

See that last sentence? A judge can just tell you to go screw yourself if he so chooses anyway!