Do the police need a warrant to take DNA?

[Pyper]

So my friend is taking a genetics class which had a guest lecturer from the LAPD. The police officer basically said that whenever someone is arrested, no matter what the charge, the police take DNA samples and enter them into a database, the same way you would do with fingerprints.

I said, no way, you need someone’s express consent to take DNA samples or you have to produce a warrant. I saw it on “The Wire”!

So, which is it? Or do different states have different laws?

[IAmNotSpartacus]

You will find this press release to be relevant: http://www.justice.gov/usao/cae/press_releases/docs/2009/05-28-09MandatoryDNA.pdf (pdf)

[Pyper]

Amazing.

Guess I better call my friend and tell her she was right.

[IAmNotSpartacus]

FWIW, I should clarify that case dealt with federal collection of DNA. California has a similar law and it’s currently being challenged by the ACLU. I don’t think the court has yet ruled but the article notes a hearing on the motion for preliminary injunction was to occur in December

[Squink]

Bush Signs Bill To Take All Newborns’ DNA

May 2, 2008
President Bush last week signed into law a bill which will see the federal government begin to screen the DNA of all newborn babies in the U.S. within six months, a move critics have described as the first step towards the establishment of a national DNA database.

Described as a “national contingency plan” the justification for the new law S. 1858, known as The Newborn Screening Saves Lives Act of 2007, is that it represents preparation for any sort of “public health emergency.”

The government may have your baby’s DNA on file.

Feb 5th 2010
Newborns in the United States are regularly screened for various genetic diseases. These tests are mandated by the federal government.

As a result, children’s DNA samples are often stored – sometimes indefinitely.

[Tim_T-Bonham.net]

The police can take DNA from any person they arrest. That will be kept on file, and can be used in investigations to identify a suspect.

To actually use DNA in court, they will usually take it again, and be very careful about chain of custody, etc., to make it hard for the defense to challenge it in court. Often they will obtain a warrant for this.