Is Obtaining an Arrestee's DNA a Valid Special Needs Search under the Fourth Amendment? What Should (and Will) the Supreme Court Do?

Author:

Maclin Tracey

Abstract

In the past twenty years, advances in forensic DNA technology have revolutionized the American criminal justice system. The use of forensic DNA testing in America began in 1987, and its demonstrated scientific accuracy quickly led jurisdictions to accept expert testimony regarding DNA matches between suspects and crime scene evidence. Wielding the power to exonerate the innocent and apprehend the guilty, the use of DNA identification technology has become an indispensable resource for prosecutors and law enforcement officials, as well as for defense lawyers representing persons falsely accused or wrongfully convicted of crimes they did not commit. As states began to compile DNA profiles from convicted offenders, the need for a repository for these profiles resulted in the DNA database.Originally, DNA databases included only “those classes of offenders with a high recidivism rate, such as sex offenders and violent felons.” Recognizing the crime-solving potential of this technology, state legislatures soon began to expand the scope of DNA database statutes to include broader classes of offenders.

Publisher

Cambridge University Press (CUP)

Subject

Health Policy,General Medicine,Issues, ethics and legal aspects

Reference262 articles.

1. 152. 489 U.S. 602 (1989).

2. 150. Two aspects of Griffin indicated that a majority of the Court in 1987 would apply the special needs exception with consider leeway in favor of the state. First, although the Court ruled that the search of Griffin's home was reasonable because, inter alia, it was done pursuant to an administrative regulation that required “reasonable grounds” for a search, the facts in Griffin provided, at best, a “feeble justification” for a search. Griffin, 483 U.S. at 887–90 ( Blackmun, J. , dissenting) (explaining that the facts did not justify a search even under a reasonable suspicion standard). Second, the clear presence of a law enforcement motive for the challenged search did not negate the applicability of the special needs exception. As Justice Scalia would subsequently acknowledge years later, “the special-needs doctrine was developed, and is ordinarily employed, precisely to enable searches by law enforcement officials who, of course, ordinarily have a law enforcement objective” for their searches. Ferguson 532 U.S. at 100 ( Scalia, J. , dissenting). A majority of the current Court, however, has not embraced Justice Scalia's position. See infra notes 186–204 and accompanying text.

3. 255. Kaye, “DNA Sampling on Arrest,” supra note 83, at 487 (footnote omitted).

4. 220. Id.

5. 78. La. R.S. 15:602 (2004).

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