Mayra Pertossi of the Associated Press reports: Valuing truth over the right to privacy, Argentina’s Congress has authorized the forced collection of DNA from people who might have been born to political prisoners slain a quarter-century ago — even if they don’t want to know their birth parents. Rights activists hope that the new law…
Tag: DNA
Court: Compulsory taking of DNA from pretrial detainee violates Fourth Amendment
FourthAmendment.com brings us a court opinion out of Pennsylvania that is quoteworthy: A DNA profile generates investigatory evidence that is primarily used by law enforcement officials for general law enforcement purposes. To allow such suspicionless searches, which are conducted in almost all instances with law enforcement involvement, to occur absent traditional warrant and probable cause…
Calif. Justices Seem OK With DNA-Based Warrant
Mike McKee reports: ….. At issue in People v. Robinson , S158528, is whether an unknown suspect’s DNA profile — as opposed to a physical description — can satisfy the so-called particularity requirement for issuing a “John Doe” warrant, and whether such warrants toll the statute of limitations for bringing criminal charges. A third issue…
Does a cheek swab for DNA require a warrant?
No, says the Indiana Court of Appeals in Garcia-Torres v. State: After comparing cheek swabs with other searches requiring only reasonable suspicion, we conclude that the DNA sample collection technique at issue here, although minimally invasive, is also one of those limited searches that requires only reasonable suspicion and may therefore be conducted without a…