The FBI operates CODIS, the Combined DNA Index System. The FBI can add the DNA of any person arrested, innocent or guilty, regardless of the crime’s severity and the person’s age. The DNA of veterans, infants born in participatory hospitals, and users of 23andMe can also be entered into CODIS. DNA in the database is often obtained through a cheek swab but can be taken from blood, hair, skin, or any other genetic material found at a crime scene. The genetic code is then labeled and stored digitally on a searchable server.
The information in the system may be accessed without a warrant by investigators or other governmental agencies. If DNA is found at a crime scene, investigators can sequence the genetic information, run it through the database, and use matches or partial matches to investigate persons otherwise not suspected in the crime. Three main problems arise from this scenario. First, it violates Fourth Amendment rights, as there is no probable cause for investigating said person. Second, the prevalence of false positives means someone entirely unconnected to the crime may pop up as a match, and someone would be under investigation due to a coincidentally similar order of A's, T's, C's, and G's. Third, familial DNA means a partial match could suggest someone related to a person in the database is involved in the crime, which has caused cases of false paternity, adoption, and accidental incest to become apparent during police investigations, when genetic tests disproved biological relationships once thought to exist.
Genetic surveillance is the governmental usage of DNA information to surveil persons and genetically-affiliated persons including those not convicted of any crimes. The database is also discriminatory based on the disproportionate prevalence of African American DNA, perpetuating stereotypes and forcing this marginalized community into greater scrutiny in the eyes of the law.
So what laws allowed for this loophole, whose DNA is at risk, what are the implications, and is this method useful to investigators?
The information in the system may be accessed without a warrant by investigators or other governmental agencies. If DNA is found at a crime scene, investigators can sequence the genetic information, run it through the database, and use matches or partial matches to investigate persons otherwise not suspected in the crime. Three main problems arise from this scenario. First, it violates Fourth Amendment rights, as there is no probable cause for investigating said person. Second, the prevalence of false positives means someone entirely unconnected to the crime may pop up as a match, and someone would be under investigation due to a coincidentally similar order of A's, T's, C's, and G's. Third, familial DNA means a partial match could suggest someone related to a person in the database is involved in the crime, which has caused cases of false paternity, adoption, and accidental incest to become apparent during police investigations, when genetic tests disproved biological relationships once thought to exist.
Genetic surveillance is the governmental usage of DNA information to surveil persons and genetically-affiliated persons including those not convicted of any crimes. The database is also discriminatory based on the disproportionate prevalence of African American DNA, perpetuating stereotypes and forcing this marginalized community into greater scrutiny in the eyes of the law.
So what laws allowed for this loophole, whose DNA is at risk, what are the implications, and is this method useful to investigators?
