Genetic Information and Privacy Interests: The DNA Fingerprinting Act

Engage, Vol. 8, No. 4, p. 64, October 2007

4 Pages Posted: 12 Sep 2011

See all articles by Ronald J. Rychlak

Ronald J. Rychlak

University of Mississippi, School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: October 1, 2007

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.

Keywords: DNA, search and seizure, 4th Amendment, sample on arrest, Innocence Project, DNA fingerprinting, CODIS

Suggested Citation

Rychlak, Ronald J., Genetic Information and Privacy Interests: The DNA Fingerprinting Act (October 1, 2007). Engage, Vol. 8, No. 4, p. 64, October 2007. Available at SSRN: https://ssrn.com/abstract=1926299

Ronald J. Rychlak (Contact Author)

University of Mississippi, School of Law ( email )

Lamar Law Center
P.O. Box 1848
University, MS 38677
United States
662 915 6841 (Phone)
662 915 6842 (Fax)

HOME PAGE: http://law.olemiss.edu/faculty_profiles/faculty_rychlak.html

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