DNA testing during traffic stops?

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Latest post Sat, Feb 9 2008 10:58 PM by Trentzz. 4 replies.
  • Thu, Feb 7 2008 2:58 PM

    • crhmadeit
      Consumer
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    • Joined on Fri, Jun 16 2006
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    DNA testing during traffic stops?

    There is an article here ( www.local6.com/news/15232197/detail.html ) speaking of a search for a serial killer in Florida. The method being used is DNA swabs of "interesting" persons. The article doesn't tell us whether the giving of the DNA is voluntary which leads to my questions:

    Can a person be forced to give a DNA sample during a traffic stop to be used in the investigation of a crime not related to the traffic stop itself?

    What would be done with the DNA profiles of the folk who do NOT match the one they are looking for? In other words, will all this DNA stay in some government computer to be accessed by whoever forever?

    If the answer to the last question is yes, what are the odds all these folk have been told this would happen? And what are the ethical implications if they aren't/weren't.

    The article also speaks of these samples as being used in a prostitution sting. Is all of this, from the taking of the samples to using them in other areas beside the case the DNA was originally gathered for, not an invasion of privacy or stated another way does this not go against the intent of the 4th ammendment?

  • Thu, Feb 7 2008 3:06 PM In reply to

    Feedback [*=*] re: DNA testing during traffic stops?

    >>>>Can a person be forced to give a DNA sample during a traffic stop to be used in the investigation of a crime not related to the traffic stop itself?

    Assuming this is a hypothetical and not based on any "real case", as always, you'd have to do some legal research. But, if I had those facts, I'd run a supression motion! And, I'd bet the farm based on an educated guess that the evidence would be suppressed. But, again, that's after giving this about 5 seconds of thought . . . .





  • Thu, Feb 7 2008 6:23 PM In reply to

    Question [=?] re: DNA testing during traffic stops?

    >>>>Can a person be forced to give a DNA sample during a traffic stop to be used in the investigation of a crime not related to the traffic stop itself?

    Of course, that raises the question with regard to whether unlawfully obtained DNA sample, even if not useful in a current case, can be entered in a database.

    I wonder if the foundational requirements for a later DNA match would require that if be establsihed that both samples [the old and the new] were lawfully obtained?

  • Sat, Feb 9 2008 9:51 PM In reply to

    um yea...

    This sounds like a massive 4th ammendment violation, but thats just me...
  • Sat, Feb 9 2008 10:58 PM In reply to

    Feedback [*=*] re: um yea...

    >>>>This sounds like a massive 4th ammendment violation, but thats just me...

    The problem is that the violation occurred in a prior case and is unrelated to this case except for its entry into a database.

    Your conclusion might be correct. However, I wonder if there is legal authority that would require that the lawfulness of the prior DNA sample be established.

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