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· Health/Science
· Cross-Border/Crime
· Litter
· Genes
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Jump to full article: New York Times, 2008-04-03
Author: AMY HARMON
Intro: “The law cannot tolerate such back-door methods, which seize something that any reasonable person expects to remain private,” Mr. Gallego’s lawyer, David Lynch, wrote in a motion to suppress the DNA evidence extracted from the cigarette butt.
The privacy implications of surreptitious DNA sampling may extend beyond individual investigations. The police, critics say, could collect DNA deemed “abandoned” from targeted individuals and monitor their movements even if they are not suspected of committing a serious crime. Innocent people whose DNA turns up unexpectedly may find themselves identified by a database file that they did not know existed.
“Police can take a DNA sample from anyone, anytime, for any reason without raising oversight by any court,” said Elizabeth E. Joh, a law professor at University of California, Davis, who studies the intersection of genetics and privacy law. “I don’t think a lot of people understand that.”
Law enforcement officials say they are just trying to solve crimes. Over the last few years, several hundred suspects have been implicated by the traces of DNA they unwittingly shed well after the crime was committed, according to law enforcement officials. Many more have been eliminated from suspicion without ever knowing that their coffee cups, tissues, straws, utensils and cigarette butts were subject to DNA analysis by the police.
“It’s a great tool,” said Micki Links, a sergeant in the Sacramento sheriff’s homicide division. “Our hands are tied on a lot of things as far as what we can do and what we can search, so when we find something that’s within the law, we’re going to use it.” . . .
Suspects may be wising up. After smoking another cigarette on the patio, Mr. Reed took apart the butt, removed the filter’s wrapper and shredded it, according to court documents. He had seen the popular television show “CSI,” where DNA often nails the suspect, he told the detective. Then he placed the remains in his pocket.
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