Government Allowed to Retain DNA Sampling

In a recent decision in the Federal Court it was decided that a person who is convicted and consequently must provide a DNA sample cannot have that sample destroyed and cannot have the DNA information collected expunged from the data base once he has finished his sentence or probationary period.

The DNA Act authorizes the government to use such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample. Even if the person cooperates, once collected, a qualified federal offender’s sample is analyzed by the FBI to create a DNA profile. The DNA profile is then loaded into the FBI computer called CODIS short for Combined DNA Index System. CODIS is a three tiered system which links databases maintained at local, state, and national levels. There are over eight million offender profiles in the system and over 300,000 forensic profiles. The government claims that it has assisted in producing 120,000 matches as of June 2010. This has assisted in 117,000 investigations of various crimes nationwide.

The probationer in this case was never sentenced to prison but to a one year term of probation during which time he had to submit his DNA sample. The court concluded that the DNA sample was not an unreasonable search and seizure under the Fourth Amendment and allowed the government to retain the sample and the DNA profile. It will be interesting to see if contamination or human error will lead to false charges and wrongful convictions. Only time will tell.