Appeals Court Upholds DNA Testing of Felony Suspects
By Carol J. Williams,
Los Angeles Times
| 02. 24. 2012
Law enforcement officers may take a DNA sample from anyone arrested on a felony charge without running afoul of the suspect's right to be free from unreasonable search and seizure, a divided federal appeals court ruled Thursday.
The challenge brought by a group of Californians arrested for alleged felonies but never convicted upheld a 2004 amendment to the state's laws governing DNA collection and use.
In a 2-1 ruling, a panel of the U.S. 9th Circuit Court of Appeals compared taking an oral swab from a suspect with fingerprinting arrestees, a decades-old booking practice consistently upheld by the courts as a legitimate identification aid.
"We assess the constitutionality of the 2004 amendment by considering the 'totality of the circumstances,' balancing the arrestees' privacy interests against the government's need for the DNA samples," said the opinion written by Judge Milan D. Smith Jr.
"DNA analysis is an extraordinarily effective tool for law enforcement officials to identify arrestees, solve past crimes, and exonerate innocent suspects," wrote Smith, who was named to the court by President George W. Bush, in an opinion...
Related Articles
By Eric Schmidt, TIME | 04.16.2024
Imagine a world where everything from plastics to concrete is produced from biomass. Personalized cell and gene therapies prevent pandemics and treat previously incurable genetic diseases. Meat is lab-grown; enhanced nutrient grains are climate-resistant. This is what the future could...
By Harold Brubaker, The Philadelphia Inquirer | 04.04.2024
Acompany started by University of Pennsylvania scientist Jim Wilson has received FDA approval to test a form of gene editing in infants for the first time in the United States, the company said Thursday.
The Plymouth Meeting company, iECURE, is...
By Carey Gillan, UnSpun | 03.18.2024
A Mexican standoff with the United States turned into a Mexican smack-down this month with the release of Mexico’s formal rebuttal to US efforts to overturn limits Mexico has ordered on the use of genetically modified (GM) corn and the...
By Billy Perrigo, TIME | 03.11.2024
The U.S. government must move “quickly and decisively” to avert substantial national security risks stemming from artificial intelligence (AI) which could, in the worst case, cause an “extinction-level threat to the human species,” says a report commissioned by the U.S...