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DNA - A Prosecutor’s Practice Notebook Inventory

Statutory DNA Collection Laws

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National Institute of Justice (NIJ) (see reuse policy).

All states have mandatory DNA collection laws enabling the collection of DNA samples from persons convicted of specific crimes. Generally, the courts have found no 4th Amendment violation because of the convicted defendant's diminished privacy rights, the minimal intrusion involved, and the legitimate government interest in using DNA to solve crimes.
Several other issues have an impact on the collection of DNA samples:

  • The 5th Amendment – privilege against self-incrimination
  • The 6th Amendment – right to counsel
  • DNA dragnets or mass screening
  • Arrestee DNA samples

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