California to use DNA to find criminals through their relatives. Wha? Who?
Search and seizure of your
genes?
California Attorney General Jerry Brown says he is changing state policy to expand the use of DNA results, a shift he said could rekindle some cases where other leads have gone cold.
Under current policy, the state notifies law enforcement agencies only when a DNA test shows a complete match with someone who is in the state’s criminal database. But investigators have said they want to know when the state finds even a partial match, which could indicate that a relative committed the crime.
California’s 1 million DNA samples is the world’s third largest DNA database of criminal offenders, after the national databases in the U.S. and Great Britain. It will greatly expand next year, when DNA will be collected from anyone arrested for a crime, regardless of whether they are convicted.
Under the new policy, local law enforcement investigators also would be told when 15 or more of the 26 genetic markers match. An additional test would then be performed on the DNA’s Y chromosome, a requirement that limits the tests only to males. A statistical analysis would be used to predict whether the suspect is likely to be a close relative — a brother, father, son or grandfather.
The policy permits using an even lower standard than 15 matches in cases such as serial killings or rapes in which investigators have exhausted other leads.
I wonder if the 5th Amendment might then be set aside. Can you refuse to provide information or testify against your own DNA?
Posted: Sun - April 27, 2008 at 11:04 AM