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

Nothing to Fear

[ackthpt]

DA Nola Foulston said, 'I think some people are overwrought about their concerns.'

In a country where the federal government has been concentrating power in the capital, I can't see where she gets such bizarre ideas.

We're heading for a country where everyone is a potential suspect, eventually. And when the congress pulls and late nighter and the president flies back to the capital to quickly sign a bill allowing the government to barge past states rights and personal descisions it's discomforting. It would probably be a small matter to bury into a large bill some little thing that allows the transportation of all DNA evidence to be conveniently sent to the Foggy Bottom and squirreled away somewhere, where it could be called upon the next time someone needs a roundup of the usual suspects and a filing error could easily send anyone off to Gitmo.

Re:Nothing to Fear

[Mistlefoot]

everyone is always a potential suspect.

What of the poor sap who has an affair with someone who happens to get raped/murdered on her way home.

That his sperm has been found in her body and definitly matches means he's guilty?

How do you prove you had consentual sex with a now dead women. There are many such instances were the DNA found at the scene does not mean guilt. It seems to be the rule of thumb these days. If the DNA is there you are deemed guilty.

Re:Nothing to Fear

[pizzaman100]

And when the congress pulls and late nighter and the president flies back to the capital to quickly sign a bill allowing the government to barge past states rights and personal descisions it's discomforting.

Ok, I'll bite. States rights are non existent, and have been for some. Just last week the SC ruled that it's illegal for any state in the union to put to death a 17 year old who commits multiple premeditated murders. Try to have your state lower the drinking age to 19, or opt out of Social Security, or pass a law against abortion or (insert idea here). This cuts both ways politically. But unfortunately the different party wings only howl when it comes to an issue that they care about. The rest of the time they have no problem with the Feds imposing their will.

Re:Nothing to Fear

[BWJones]

You should also know that every individual that serves in the armed forces is required to submit a blood sample for DNA isolation and data warehousing. Of course these databases are supposed to be used principally for identification of remains, there are other more insidious plans that some individuals have proposed and acted upon with these data. i.e. using the data to test database systems and index them to criminal records. The problem of course like I have said before is that once these databases are created, it is very difficult to put the djinni back in the bottle. People will access them and include them in other projects.

Re:Nothing to Fear

[neil.pearce]

Drunken one-night stand?
Obviously this rarely applies on Slashdot...

Re:Nothing to Fear

[ackthpt]

(Puts on tin-foil hat) They could also compare DNA to aptitude tests, and found out what genetically makes a soldier good. Not that this would be used for making gentically modified soldiers (god forbid), but it could come in useful when recruiting.

"This one's cut out for Navy SEAL!"
"How do you know?"
"DNA shows high strength, agility, good swimmer and an excellent natural armor class"

Re:Nothing to Fear

[Anonymous Coward]

Try to have your state lower the drinking age to 19

Bad example, since the drinking age is already set by states. There is no federal drinking age.

It happens to be 21 because federal highway funding to the states is tied to compliance with setting it to that age. However, there was a span of time where certain states such as Louisiana had a lower legal age. (The theory is that Louisiana makes more money off alcohol sales during Mardi Gras than they get from highway funding, but who knows) ;)

Re:Nothing to Fear

[ackthpt]

Kind of makes you wonder what Lee Harvey Oswald III is up to nowadays.

President. The real George W. Bush's body is in the concrete foundation of Arlington Stadium. It's all a very long, convoluted plot to seize the Whitehouse and ... whoops, boot coming through the door, see ya

Re:Nothing to Fear

[plague3106]

So you'd be for cameras in every house too because it might help solve just one crime right? Why not..thats what your logic leads to.

If you had bothered to RTFA, you'd know that out of 18 DNA-drag nets, only ONE actually helped collar someone...and it was limited to 25 people that had access to the victim. The rest (where thousands of samples were collected) DID NOT HELP AT ALL.

So, whats the point?

Re:Nothing to Fear

[mankey wanker]

Oh, I laugh...

While I understand where you are coming from, I think you may be naive to the point of stupidity.

You would come forward as a good person, as a good citizen, as someone who seeks the truth.

The police have no such agenda. Their agenda is to provide society with a sense of law and order. That they regularly pin crimes on the most likely suspect is proof of the fact. No one knows the truth, the truth is rarely "outed" during a trial. We solve crimes by pinning them on the most likely person. It gives the appearance of law and order. The most likely suspect is often merely the last person to a see a victim alive, a close family member, a husband, a good friend. God help you if you fail to have an alibi, if you were sitting at home alone watching TV.

Now I could give a shit about Scott Peterson, but take the example anyhow. Scott Peterson had a pregnant wife, Laci. Many couples become estranged during a wife's pregnancy. Scott took a lover, Amber Frey. Juries don't like cheaters. Cheaters are liars and untrustworthy. FWIW, a very large number of people cheat all the time and we all know that fact. Laci was eventually found in the San Francisco bay, a place where Scott Peterson went boating on Xmas eve. Now, I don't know about you - but many people made much of the fact that Scott went boating on that day - as if it were beyond belief that someone would do such a thing just because he needed to get away or to think for a while. To wrap up, Scott Peterson was convicted because he was cheating on his wife, and was seen boating on the vast body of water in which Laci's body was later discovered. I am not saying that there aren't more details, but those are the main details.

They pinned it on him and gave him the thumbs down routine. The man will die largely based on mere speculation. There's not a single piece of incontrovertible evidence in the whole case. There's an alternate defense explanation for everything the prosecution claims.

A culture of spectacle and sacrifice doesn't care about the truth, it cares about appearances. We pin crimes on the most likely to be guilty, not those that are truly guilty. And there may be a universe of difference between those two categories. Is Scott Peterson "guilty beyond a reasonable doubt"? Hell no, but society hates to imagine that there is a murderer loose somewhere. Society likes to nail someone so that the collective can rest easy at night.

Now it turns out that one of my old professors at law school is one of the point men for the whole DNA as evidence movement, his name is Larry Marshall. His big break for DNA evidence came in the Rolando Cruz case. Read about it here: http://www.innocenceproject.org/case/display_profi le.php?id=07

The salient bits are: "...under pressure from the community and in the midst of an election year..." and "...a sheriff's department lieutenant recanted testimony he had given in previous trials." Wow, do I mean it's often just politics and cops that lie? Hell yeah...

I quit law school because Larry Marshall gave a speech in which he informed all of us idiot law school students that the most important thing about the practice of law was how the judge was feeling, what kind of day the judge was having. Did the judge just have a fight with his wife? Is he feeling poorly? Does his stomach roil because of the steak sandwich he had at lunch? That's the guy that will decide all of your motions. He probably won't even read your motions except for during the five minutes before he must render a decision while he trembles on the toilet seat before entering the courtroom. If anyone read anything, it was some poor fuck law clerk that rendered an opinion via post-it note on how the judge should decide the issue.

You know how you play 3D shooters instead of doing your homework? Judges are just like you...

So, would I come forward and admit I was the last person to see some now dead chick alive? I would like to say yes, but the real answer is no. In the adversarial process, you are a suspect until you are excluded as a suspect by the evidence. Does that sound like "guilty until proven innocent"? Yes, it does sound a lot like that.

Re:Nothing to Fear

[richwmn]

Actually there is a precident to this. Years ago Congress mandated motorcycle helmet laws, also using the highway funds as an inducement. One or more states bucked and took it to court. It was held that funds collected within a state for highways could not be with held. Several states then revoked their helmet laws. The difference is that enough people in state offices feel that the drinking laws are appropriate so that it has not been challenged.

Re:Nothing to Fear

[jadavis]

I think that was his point...

The feds take a large amount of taxes from everyone already, so there's no hope of the states supporting their own road system.

Reduce it to the following situation and then recosider your statement:

The feds take the states' citizens' money.
The feds offer to give it back if they say "how high" when the feds say jump.

It's not like the state can say "OK, we'll pay you that much less in taxes then.". If Cali opts out, all the other states are basically just confiscating Californians' money.

Re:Nothing to Fear

[bleckywelcky]

But the larger problem is what minimal amount of evidence the public (jury) is willing to base their opinion upon. I was in California temporarily and talked to some permanent residents of the state who were typical juror candidates (towards the end of last year, in the midst of the trial, before a verdict had been reached). And the 4 or 5 people I talked to all agreed that they would convict Peterson based upon the following facts: 1) An affair while his wife was pregnant. 2) He went out on a boat on Christmas day in the same area that the body washed ashore. Scary eh? I tried to probe them as to why they felt this was sufficient evidence and they claimed things such as "intuition"; that he just seemed like such a shifty and immoral character that the only explanation for those two facts must have been that he murdered his wife.

Cluster and Classify ...

[foobsr]

We will end up with two categories of samples:

• convicted
• not convicted (obviously)

Do some analyses to enable you to categorize from an unlabeled sample.

<cyn> Imagine how useful that could be!</cyn>

I think some people are overwrought about their concerns.

Yes, I am.

CC.

The solution is easy

[Anonymous Coward]

Clone the innocent people. Eventually the ratio of innocent to guilty people will be through the roof, OMG.

What do to with innocent people's DNA

[pHatidic]

We keep their DNA sample, and then plant some at the crime scene the next time we kill someone. Wow that was the easiest ask slashdot ever.

I shall use it to create

[darth_MALL]

A Grand Army Of the Republic!

No bad can come of that...right?

It's just data...

[zecg]

I don't think it's really about samples - the man hardly needs his skinflakes or his hair bits back and he sheds it all around anyway. As for the data it represents? Why, "we" keep it forever, of course. He is just the first in line, I'm willing to bet that within 20 years "we" will have a database of DNA samples from all "our" citizens - or whoever accepts my bet wins my slightly weathered tinfoil hat.

This will never fly

[John Seminal]

'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.

There is something called the 5th amendment, protection against self incrimination.

Here it is, in case people forgot:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Re:This will never fly

[winkydink]

This obviously doesn't apply to having one'spicture taken and being fingerprinted as that happens to everybody who get arrested, felon or not.

How is DNA any different?

Re:This will never fly

[spiritraveller]

It's more reliable, more useful, more efficent... and people believe in it.

People are afraid because they think that all it will take is some lab person to testify that the dna matched and they will be convicted.

Of course we've never had a problem with that before.

Re:This will never fly

[Tsiangkun]

I'll take a wild guess and say, In a word, contamination.

If I roll your hand in ink and blot it, I know whose ink I am looking at.

If I snap a photo, I know it's your photo.

If I don't clean my pipetteman and mix your DNA and someone elses . . .

you can't deny that your sample is glowing on the chip when probed with DNA recovered from the scene. It's not your DNA glowing, it's the contamination.

Who cares, this case is closed. Don't drop the soap.

Been doing it for awhile

[lecithin]

Usually just being arrested means that you will be fingerprinted and your picture taken.

Isn't this pretty much the same thing?

Re:Been doing it for awhile

[John Seminal]

Usually just being arrested means that you will be fingerprinted and your picture taken. Isn't this pretty much the same thing?

Here is the difference. If someone steals a database of fingerprints, what can they do with that? But if someone steals a database of DNA, and for example an insurance company gets it, can you gaurentee they won't have different rates just based on the genes you are born with. And what if they discover that gene X, Y, and Z found together cause a 25% increased chance the person with those genes will be a murderer. Do we want a society, where just being born with certain genes is enough to warrent government keeping tabs on that person? I know, I know, if it is for public saftey, it must be okay. Just like major cities are installing 1000's of camera's on streets to keep track of what is going on. And California banned the .50 caliber rifle, which has never been used in a crime that I can think of (although getting a handgun is easier and used in more crimes). It seems to me, that in an attempt to make society more "safe", we are making society more ripe for some dictator to take control. I know, I must be wearing a tin foil hat, because coup's have never happened. I for one completely trust people with power not to get corrupted, ever.

Re:Been doing it for awhile

[Florian Weimer]

Usually just being arrested means that you will be fingerprinted and your picture taken. Isn't this pretty much the same thing?

It depends. A regular DNA fingerprint doesn't really reveal anything about your genetic disposition, so it's not such a big problem. However, it's not clear if DNA fingerprinting is as resistant to collisions as it is generally perceived to be. It's fine if you match one sample against a few hundred suspects connected with the case; it's very unlikely that there is a false positive. But if you match thousands of samples a day against a database of millions of completely unrelated DNA fingerprinters, the odds of a false positive increase significantly.

Re:Been doing it for awhile

[AK Marc]

I defy you to name one legitimate reason for a citizen to own a 0.50 caliber weapon.

Target practice. I defy you to name a single crime committed by a civilian with a legally owned .50 BMG rifle. Better yet, name any crime committed in the US with a .50 BMG rifle. If they are so dangerous, then someone must have used them.

Why don't we ban Ferraris? They are more car than you need. They are obviously designed only to break the law. You should have to prove legitimate uses of any products before you are allowed to buy them. Formula 409 is a little too toxic. It should be banned because a little scrubbing and lemon juce works just as well. Ban tartar control toothpaste because it doesn't do anything you can't accomplish with a little more brushing, and you obviously don't need all that power.

Oh, I am not now, nor ever will be a member of the NRA and I do not own a gun. I just think that both sides of the issue are populated with people that are nuts.

Why not one-way hash for DNA DB?

[DoctoRoR]

It seems like much of the angst over a national DNA database is the potential misuse of the sequences, e.g. raising insurance rates or selecting against carriers of X. If the goal of criminal DNA databases is to match samples from crime scenes, why not use a one-way hash of each DNA fragment? That way, the actual DNA sequence wouldn't be kept. The hash could be constructed after removing common sequences, but I'm probably missing something aside from sequencing issues (which should be more automated in future). And this doesn't address larger issues on DNA matches...

Sadly, an appropriate quote

[Stiletto]

"To imagine the future, imagine a boot stepping on a human face -- forever."

-George Orwell

innocent?

[tverbeek]

What will be the disposition of the DNA of the innocent?

"No one is innocent!" --Agent Rogersz, Repo Man

Re:Clone Them

[Sneftel]

We can use this DNA to create a super-race of people who aren't guilty of crimes!

Close.... a super-race of people who aren't guilty of crimes, but are really suspicious-looking.

The DNA isn't the question here...

[the_skywise]

The violation is that the guy had his door busted down, had his house searched and DNA taken and the police never told him WHY he was a suspect.

That the DNA didn't "solve" the case was inconsequential because the DNA did helpe the police confirm who the guy was.

The question that should be asked here is not "Should the police be able to take samples of your DNA when you're arrested?" No brainer, you can already take fingerprints.

The bigger question here is: Can the police KEEP your DNA on profile *AND* can they keep the results of what they found while searching your house?

What if they found illegally downloaded music in his house? Could he be tried for that? Should those records be kept from the first search?

DNA aside (and IANAL) the current law is yes and yes.

Problem is matches aren't always exact

[Sycraft-fu]

Maybe the sample from the crime scene is degraded so you can say it was "probably" this person (like 1 in 10,000) but not certianly. Also you can match within families. You run DNA and discover it isn't person X's DNA, but a female relitive, etc.

So a hash would only be useful for dead on matches. Now maybe we decide that's all that the police should have, but you can see why they'd argue for more the orignals, as they are more useful.

DNA is largely similar for close relatives

[aralin]

Here is a big difference. While your kids are going to have totally different fingerprints and even pictures, their DNA to you will be largely similar. So by taking your DNA, you are putting your kids and your relatives in the database as well. If there is a partial match with someone in the database, they will just go after all his relatives and eventually find the right one. They just got a recent mass murder case solved when a daughter of a suspect volunteered to give a DNA sample, when he refused.

Armed Forces Members Probably In Same Boat

[Goo.cc]

While I was in the US Navy, they started a DNA cataloging program, which they claimed was only intended to help identify people in the case of death. They claimed that the information would never be shared and would be discarded after discharge.

It has been 8 years since I was discharged. Want to bet that my information is available to law enforcement, even though I have never been convicted or accused of a crime?

It's going to be a long time...

[Jack Johnson]

"If you're innocent, you have nothing to worry about." That line has become thouroughly entrenched in our society. Any and everything can be justified to the average american with that phrase.

In Michigan

[Anita Coney]

Everyone convicted of a felony has to give a DNA sample before sentencing.

Re:Mod me to hell and back...

[John Seminal]

I don't get it. How is the potential for abuse any higher just because the sample is DNA? To me, the benefits of being able to solve a years old case based on DNA samples outweighs the risks of abuse within the system. Lets give the cops the tools they need to put the crooks away.

The police have pleanty of tools to solve crimes. They don't need any more. It comes down to one thing. Either we are a free and open society, or we become a police state. If we make the police so powerful, that the People can no longer fight back if the cause ever comes that they need to, what will we be? Will we be no more able to fight for our own freedom than Iraqi people could fight for theirs under a dictator? The reason we limit the power police have is the same reason we limit the power politicians have. It is to protect against the over ambitious, the Joseph McCarthy's of the world. The easier it is for a group to take control of a society, the more likely they will do so. All the police camera's in larger cities, put in place to fight "the war on terror" do nothing but track citizens, not terrorists. DNA is one more way of keeping tabs on people.

I have one question. How would history be different if DNA technology was avilable in the 1950's, and if all black people were forced to submit DNA. Then government decided to do more than just bug telephones and listen in. The possibilities for abuse are too great.

Same law in the UK

[UpnAtom]

Blair is also trying to compulsorily fingerprint everyone and tie together ALL the computerised data held on people through a unique National Identity Number.

Oh, he's also going to track our daily movements through automatic CCTV facial recognition & the ID Card audit trail.

This law has been passed by House of Commons and is currently being debated in the House of Lords. Unless the Lords block it, I'm emigrating somewhere less Orwellian. Anyone want to swap citizenship? I'm serious...

Data never goes away

[billstewart]

Data never goes away once it's collected. (That doesn't count Murphy's Law of course - data you really want goes away quite easily.) Computer storage is cheap, and keeps becoming radically cheaper. Software and system administration / management costs aren't cheap, and don't get cheaper, and systems that weren't explicitly designed to get rid of data mean that expunging data is typically an expensive unreliable manual process. And that's just the costs of expunging the data in the active database - that doesn't count hunting through backup tapes, etc. New software and applications, on the other hand, can often import data from existing systems (again, minus the Murphy's Law issues), and when they do so, they usually aren't very good about maintaining any constraints on usage of the data, and usually aren't very good about backtracking if you want to find out who's had access to the data or get them to erase it.

All of this means that any law or policy that increases data collection is not only dangerous, but the data usually gets used for other things beyond the original purpose - information *does* want to be free. Anything that hangs an unique identifier on data, such as a National ID Card Number (or SSN, or SIN, or driver's license number), makes it easy for data to be imported into other systems and aggregated together. Anything that hangs a non-unique ID onto something, like a firstname+lastname, increases the chances that data will be imported into other systems incorrectly, combining your data with known criminal SameFirstInitial+DifferentMiddleInitial+SimilarLas tname who lives in a different city. In both cases, you'll never get the data expunged.

On the other hand, Moore's Law also means that applications that used to be unthinkable are now routine. When mainframes costs tens of millions of dollars and needed to be fed punchcards and stored stuff on magtape, writing database applications took a couple of years and a large budget, so only critical applications that could be used by lots of people got written. These days, a cheap desktop computer can hold lots more data, and any random civil servant can run a Spreadsheet query or simple fill-out-the-form database application for anything they feel like, such as tracking their ex-girlfriend's new boyfriend's phone bills. And most of that data could really fit in a pocket-computer as well, so next year that same civil servant or telemarketer can take a picture of your face or license plate using their camera-phone and look it up for some arbitrary reason (currently it takes a laptop for the license-plate lookup, and it's being done to nail parking ticket non-payers.)

I'm just wondering if criminals will use a DNA

[multiplexo]

bomb in the future to obscure evidence. You get some blood plasma, or some other fluid that contains a lot of DNA, get samples from different people, mix it up, put it in a bottle with an M-80 taped to it and set it off at the crime scene. Voila, the police end up with so many DNA fragments that there's no way they can tell who did the crime.

If you don't want to use an M80 just get a spritzer bottle full of some DNA containing fluid and spray it everywhere all over a crime scene. I wonder if you could extract DNA sequences from barber shop cuttings and do this?

Innocent...UNTIL

[Ars-Fartsica]

The DNA of innocent people will almost certainly end up in the same database as the felons...maybe with a flag that this individual has not YET been charged with a crime...but being in the database itself will be something of a "lite" suspicious attribute.

We are moving towards a police state, and society has overwhelmingly chosen "safety" over privacy, liberty, and freedom. It is only a matter of time before the govt requires all residents and citizens to be in such databases.

Re:Too Many Worries To Be Effective

[John Seminal]

No system of law enforcement is EVER perfect. The idea is to make it operate as well as POSSIBLE. And if they have my DNA on file, that's just as likely to mean they can eliminate me as a suspect as it is to mean they declare me one

I don't want to be eliminated as a suspect. I want to be presumed innocent until a court convicts me.

Have you ever thought about the abuses in the system? Can you GAURENTEE there will never be abuses? What if our politicians pass laws making certain websites illegal, and people try and access them in an internet cafe. All the police would have to do is go through the internet cafe with a small vacum cleaner. What if abortion is overturned in the courts. Do we want the police swabbing the DNA off coat hangers? And what if I happen to have a combination of genes that is highly concentrated in prisions populations, and some politician decided that gene is a gene all criminals have. How far could they legislate. What could they do?

The point is I don't trust the police or government. It is the healthiest attitude to have. Force the police and governemt to work within the rules that exsists. Police catch people all the time, DNA won't make us any more safe. But the potential for abuse is too great.

And for those who want a DNA database, what about all the "criminals" in prision, on death row who are adamant about their innocence and are begging for DNA testing, and the prosecutors who refuse their requests saying they had their day in court.

DNA matching accuracy

[harlows_monkeys]

Maybe this has changed in the last few years, but the last time I looked into this, there was a significant risk in having DNA on file. The problem was that DNA tests consist of comparing the sample against the sample from the presumed criminal at a small number of positions. There will actually be many people in the world who will match the criminal's DNA.

When properly used, this is not a problem. "Properly used" means that you find your suspects using traditional methods, and afterwards run a DNA test on them. Get a match there, and you've got your criminal. It's a Bayesian thing, basically.

What is not proper is to start with DNA, and test the criminal's against all the people you happen to have DNA on file for, looking for a match.

Using DNA to find suspects is only good when you either have a comprehensive database that has DNA from everyone, or your tests are so accurate that they really do uniquely identify people. Like I said, I don't know if they are accurate enough for that. A few years ago, they were not.

Re:Too many "easy" counterargs

[angle_slam]

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

Re:DNA instead of passwords.

[sconeu]

What about the guy from the blood bank, who needs money? He just took my blood, but steals the pack instead of putting with everyone else's. Now he can withdraw from my account, because after all, it's *my* blood, and only I would be using it to withdraw cash!

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.

Re:Illegal search and seizure

[Martin Blank]

Seems like what California passed is not unconstitutional, because it involves plenty of safeguards. This is typical unresearched crap getting past submitters and editors that makes Slashdotters get all up in arms.

The law was passed as Prop 69 last year. Yes, it requires that eventually all people convicted of felony charges and certain misdemeanor charges provide DNA samples, and all persons convicted of a felony under the care or direction of the California Penal System (in custody or on parole or probation) provide samples. In addition, it laid out very specific rules for what to do with DNA of people not charged or found not guilty. Of note from California Penal Code Section 299:

(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 pursuant 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 within the state's DNA and Forensic Identification Database and Data Bank Program and there otherwise is no legal basis 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 destroyed 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 in subdivision (a) of Section 296 or if the charges which served as the basis for including the DNA profile in the state's DNA Database and Data Bank Identification Program 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 pursuant to Section 851.8, or Section 781.5 of the Welfare and Institutions Code; or
(4) The defendant has been found not guilty or the defendant has been acquitted of the underlying offense.

Basically, if a person is found not guilty or acquitted, or charges have been dropped for at least 180 days and there is no retrial or appeal pending (this is covered later), then the person may submit a written request to have the record expunged and the sample destroyed. The law basically requires that the request be granted as long as a few things are included, none of which are easily avoided because of the wording of the law.

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!

Re:No different from fingerprint info etc

[n.wegner]

>Likewise, files relating to another person regarding a
>matter the disclosure of which would invade that person's
>privacy ordinarily will not be disclosed ...
>Also due to the fees involved making such a wide request
>would be hideously expensive

What stops the insurance company from raising their signup fee to include the check, and raising the fees of people who do not submit to having the check made? Damned if you do, damned if you don't.

This hits close to home - literally

[eric2hill]

I live in Wichita, and I have an uncle that was actually a better match to BTK than Dennis Raider. He graduated from the same university 2 years earlier, lived closer to the railroad tracks, and goes by the name Buk. Buk is only one letter off from btk, btw.

The police came to his house. His wife opened the door. The police asked if they could have a swab of his DNA. He didn't resist, and the police were very polite through the whole ordeal.

Now, in this case there was no police brutality, no coersion, no force, etc. Just a simple "may we get a swab of your DNA". My uncle had the right to say no, but obviously the police would have held him under the microscope.

There are really two separate issues in play here.

First, do the police have a right to request DNA evidense from a potentical suspect. I believe they do have the right to ask. I also believe the fifth ammendment gives the right to not incriminate yourself, so you do have the right to say no. The police will still consider you a suspect, but that's the way the law works.

Second, (and more importantly) once the police have cleared your name, does the DNA evidense get thrown away or warehoused? Everything said in the local papers and news has been that the evidense will get thrown away, but it would be nice to have some confirmation of that fact. I'll tell you that if the evidense doesn't get thrown away, the DA is going to get an ear-full from some 1300 of our swabbed citizens.

Side note, I actually have a family member that works at the prision where Dennis is being held. He said that Dennis didn't like the food. <g>