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DNA and the Fourth Amendment: Would a Defendant Succeed on a Challenge to a Familial DNA Search?
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Journal Article
DNA and the Fourth Amendment: Would a Defendant Succeed on a Challenge to a Familial DNA Search?
2019
Overview
[...]familial DNA searching allows law enforcement agencies to take unknown DNA from crime scenes and find potential family members by looking for hereditary markers. [...]this paper will address criticisms of finding familial DNA searching constitutional. CODIS and NDIS All of the DNA indexes are under the umbrella of the FBI's Combined DNA Index System (“CODIS”).37 CODIS began as a pilot software project in 1990 and was officially formalized under the DNA Identification Act.38 The Act also gave the FBI authority to establish the National DNA Index System (“NDIS”) for law enforcement purposes.39 As of today, almost 200 public law enforcement agencies in the United States participate in NDIS, and more than 90 law enforcement laboratories in over 50 countries utilize CODIS software.40 NDIS contains the DNA data from convicted offenders, arrestees, detainees, forensic casework, unidentified human remains, and relatives of missing persons, collected by federal, state, and local participating laboratories.41 NDIS accepts DNA data from the three main types of tests: PCR STR, Y STR, and mtDNA.42 Each test has different requirements for submission to NDIS.43 For PCR STR and Y STR, laboratories must test for the twenty “CODIS Core Loci.” 44 For mtDNA, laboratories must test from two separate regions within the mitochondria.45 To submit DNA to NDIS, several requirements must be met: (1) the DNA data must be generated in accordance with the FBI Director's Quality Assurance Standards; (2) the DNA data must be generated by a laboratory that is accredited by an approved accrediting agency; (3) the DNA data must be generated by a laboratory that undergoes an external audit every two years to demonstrate compliance with the FBI Director's Quality Assurance Standards; (4) the DNA data must be one of the categories of data acceptable at NDIS, such as convicted offender, arrestee, detainee, legal, forensic (casework), unidentified human remains, missing person, or a relative of missing person; (5) the DNA data must meet minimum CODIS Core Loci requirements for the specimen category; (6) the DNA PCR data must be generated using PCR accepted kits; and (7) participating laboratories must have and follow expungement procedures in accordance with federal law.46 Laboratories who wish to participate in NDIS must sign a Memorandum of Understanding, indicating their agreement to abide by these requirements.47 If a laboratory fails to comply with these standards, it may lose its ability to participate in the system.48 2.
Publisher
SAGE Publications,Sage Publications, Inc,Cambridge University Press
