Federal legislation provides for the collection of DNA from individuals arrested on enumerated federal felony charges. (See, 42 U.S.C. 14135a (a) (1)(A).
Increasingly states are adopting legislation expanding databanks to include DNA from persons arrested for certain offenses. (See, Tex. Gov't. Code §411.1471 (2006); La. R.S. 15:609 (2006); Va. Code Ann. §19.2-310.2:1 (2006); N.M. Stat. Ann. §29-3-10 (2007); Cal Pen Code §296 2006); Minn. Stat. §299C.105 (2005). The Minnesota state appellate court has addressed the constitutional objections to such a practice. (See, In the Matter of the Welfare of: C.T.C., Juvenile, 722 NW 2d 484 (2006)
Taking DNA from individuals under arrest is similar to the practice of taking fingerprints for identification. See, Securing DNA Samples to Establish Identity.
This may also extend to persons who are simply legally detained based on reasonable suspicion, as in Kaupp v. Texas, 538 U.S. 626 (2003), where the court stated “We have, however, left open the possibility that, ‘under circumscribed procedures’ a court might validly authorize a seizure on less than probable cause when the object is fingerprinting.
Additional Online Courses
- What Every First Responding Officer Should Know About DNA Evidence
- Collecting DNA Evidence at Property Crime Scenes
- DNA – A Prosecutor’s Practice Notebook
- Crime Scene and DNA Basics
- Laboratory Safety Programs
- DNA Amplification
- Population Genetics and Statistics
- Non-STR DNA Markers: SNPs, Y-STRs, LCN and mtDNA
- Firearms Examiner Training
- Forensic DNA Education for Law Enforcement Decisionmakers
- What Every Investigator and Evidence Technician Should Know About DNA Evidence
- Principles of Forensic DNA for Officers of the Court
- Law 101: Legal Guide for the Forensic Expert
- Laboratory Orientation and Testing of Body Fluids and Tissues
- DNA Extraction and Quantitation
- STR Data Analysis and Interpretation
- Communication Skills, Report Writing, and Courtroom Testimony
- Español for Law Enforcement
- Amplified DNA Product Separation for Forensic Analysts