Abstract

The DNA Fingerprinting Act authorizes the collection of DNA from anyone convicted, charged, or arrested for a felony or crime of violence; and from any non-U.S. citizen who is merely detained by a federal agency. It further provides for the DNA samples to be entered into the CODIS system. The involuntary extraction of DNA without a warrant raises privacy concerns, particularly as regards the Fourth Amendment’s protection against unreasonable searches and seizures. Those concerns are legitimate, but the issue here is more a matter of political will than constitutional constraint. As such, the balance between individual privacy and government interest points to the reasonableness of the collection and use of DNA evidence.

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