The Legality of Retaining Elimination Samples: A Report to the Legal Issues Working Group of the National Commission on the Future of DNA Evidence

6 Pages Posted: 4 May 2012

See all articles by David H. Kaye

David H. Kaye

Pennsylvania State University, Penn State Law; Arizona State University - Sandra Day O'Connor College of Law - School of Life Science

Date Written: September 19, 2000

Abstract

Police frequently obtain DNA samples from suspects — voluntarily or by court order — only to discover that these suspects are not the sources of the DNA left at the crime scenes. It has been reported that some law enforcement authorities retain such DNA profiles or samples. Is this practice legal? If so, is it desirable? This report provides some legal background and a framework for discussion of the issue of legality at the September 2000 meeting of the National Commission on the Future of DNA Evidence. Part I describes arguments relating to the wording of state statutes that provide for law enforcement DNA databases and DNA repositories. Part II considers the constitutionality of the practice of retaining "elimination samples" in these databases.

Keywords: DNA evidence, elimination samples, databases

Suggested Citation

Kaye, David H., The Legality of Retaining Elimination Samples: A Report to the Legal Issues Working Group of the National Commission on the Future of DNA Evidence (September 19, 2000). Available at SSRN: https://ssrn.com/abstract=2050669 or http://dx.doi.org/10.2139/ssrn.2050669

David H. Kaye (Contact Author)

Pennsylvania State University, Penn State Law ( email )

University Park, PA 16802
United States

HOME PAGE: http://www.personal.psu.edu/dhk3/index.htm

Arizona State University - Sandra Day O'Connor College of Law - School of Life Science ( email )

111 E Taylor St.
Phoenix, AZ 85004
United States

HOME PAGE: http://www.personal.psu.edu/dhk3/index.htm

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