DNA Sample Before Conviction Not Mandated
The Minnesota Court of Appeals has struck down a law that allowed the collection of DNA samples from people who’ve been charged with a crime but NOT convicted. The Science & Law Blog believes that the Supreme Court will eventually have to get involved if more states begin requiring a DNA sample before conviction.
The Court Appeals agreed with the defendant that automatic DNA sampling before any conviction is obtained violates the Fourth Amendment. The court distinguished the many cases upholding the constitutionality of compelling convicted offenders to contribute samples to a databank for identification as follows: “an individual who has been convicted of an offense has a reduced expectation of privacy and . . . the reduced expectation of privacy . . . is not present here.”
Seems like the Americans might be more progressive when it comes to DNA privacy. The UK has been creating a database that includes DNA data from anyone who has ever been arrested even if not charged, victims of crime, and volunteers. Has a similar case turned up in UK courts?
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POSTED IN: Genetics and the Law
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