NCJ Number
183105
Journal
University of Colorado Law Review Volume: 71 Issue: 1 Dated: 2000 Pages: 221-254
Date Published
2000
Length
34 pages
Annotation
This Comment argues that there are circumstances in which compulsory sampling of DNA is appropriate even absent probable cause.
Abstract
DNA identification techniques include creating a DNA database that catalogs DNA profiles of convicted violent offenders as well as voluntary DNA “dragnets” in which police take DNA samples from large groups of people to compare their DNA with evidence found at the scene of a crime. This Comment proposes a third investigatory technique called a “DNA lineup.” This would provide police and grand juries limited authority to test the DNA of small groups of people based on a “reasonable suspicion” standard of probability that each member of the group might be involved in a crime. The Comment discusses the development of DNA identification techniques and their value to the criminal justice system; Federal jurisprudence concerning seizure of evidence for identification purposes, without probable cause; Fourth Amendment standards for seizing bodily fluids and tissues; and a framework of recommendations defining when DNA line-ups could be used appropriately and limitations on the line-ups to protect suspects’ civil rights. Notes