Should I submit a DNA sample?

[Zigner]

I respect your opinion and disagree with the perceived danger in this matter. But, this isn't really the thread for it so we'll just have to differ on this one

A number of issues. One might be having the DNA markings which are 1 in a million to a crime scene is one thing when they have a suspect and are comparing, and quite another when there is a database of hundred million.

Another might be how the government will discriminate once more knowledge of certain markers become known. (Aka, you seem like the type who would beat his wife.) How much information about you is encoded in your genes? (Of, course, not "you" but a statistical representation of you.)

Other areas of concern relating to Freedom, man:

SSRN-Big Bio-Brother is Here: Wanting, Taking and Keeping Your DNA by R.E. Rodrigues

SSRN-Rounding Up the Usual Suspects: A Logical and Legal Analysis of DNA Trawling Cases by David Kaye

SSRN-DNA Typing: A Technology of Fear by Sujatha Byravan

SSRN-Which Likelihood Ratio? (Comment on 'Why the Effect of Prior Odds Should Accompany the Likelihood Ratio When Reporting DNA Evidence', by Ronald Meester and Marjan Sjerps) by A. P. Dawid

SSRN-Probationers, Parolees and DNA Collection: Is this 'Justice for All'? by Jessica Fender

SSRN-'Genetic Surveillance' - The Bogeyman Response to Familial DNA Investigations by Jules Epstein

SSRN-Something to Hide: DNA, Surveillance and Self-Incrimination by Jeremy Gans

SSRN-Two Fallacies About DNA Data Banks for Law Enforcement by David Kaye

SSRN-Inferences, Arguments, and Second Generation Forensic Evidence by Erin Murphy

 

[StevenJ_420Law]

I think considering the respect for the residents of this nation that this government has historically shown, and the dependence on government as a principle our nation was founded upon - one should have no reservations whatsoever in volunteering specimens of ones body, not to mention any other information they may desire, in a forthright, dare I say, gleeful manner... in the interest of ensuring our government has a complete and thorough database with which to continue it's obvious continued rise to greatness, that we are all so lucky to be witnessing.

 

[gkisystems]

I agree, again, with the previous posters and reiterate, it will go into a database and in the government's possession forever.

I expressed to the police detective that one of my concerns was having my DNA being stored in the government’s database indefinitely. I asked him to confirm in writing that it would be removed. He responded that my sample would be destroyed after 3 months and, if my DNA were ever needed again in the future a new sample would need to be taken.

I have no reason to not trust the detective, but I also do not know all the other little details surrounding it. For example, if they truly do destroy my physical “sample” (on a Inegri-Swab), would they still keep a computerized version of it? How would I truly know if the sample really was destroyed, etc? It is for reasons like these I am apprehensive.

I'm really doubting the validity of your post.
To many variables would/should exclude you -as a suspect - if this story is true.

That being said my answer would be "NO".
If the authorities want it they can get a warrant.
Or have you followed- waiting you to throw away a coke can, put out a cigarette butt, spit on the sidewalk....etc etc..

Based on my understanding, I am not a suspect. The reason a sample is needed is to find all DNA on the evidence and then exclude the DNA that belongs to myself and my fiancée to deduce that the remainder belongs to the robber.

What doesn’t make sense to me is why they would need my DNA and not the DNA of everybody else at the restaurant who touched the money when they paid for their meals.

Also, if I throw away a coke can and they take it for DNA, wouldn’t that be a violation of my 4th amendment rights (assuming there is no search warrant) because society in general has an expectation of privacy from having their DNA taken off objects they discard?

 

[tranquility]

There always is a dichotomy between safety and freedom. One must choose and decide.

 

[Shadowbunny]

......because society in general has an expectation of privacy from having their DNA taken off objects they discard?

I was under the belief that once someone's trash is on the curb, it's no longer considered "private." If that's the case, aren't we all subject to having our DNA collected? (If I'm wrong, please, won't someone disabuse me of my notion?!)

 

[tranquility]

People generally don't have a reasonable expectation of privacy to abandoned items. The real problem which exists, is the mingling of DNA. Just as in the OPs case, DNA is all over the place. Unless you have a specifically identified sample, there is sure to be some cross contamination.

While the TV show may have the detective picking up the drinking glass with a handkerchief for analysis, in real life that glass may have the DNA of the dishwasher, the person who stacked it, the waiter, the person who brought it out, someone who walked by, the person who washed and folded the handkerchief, the detective and you.

 

[gkisystems]

I was under the belief that once someone's trash is on the curb, it's no longer considered "private." If that's the case, aren't we all subject to having our DNA collected? (If I'm wrong, please, won't someone disabuse me of my notion?!)

I know that some states have laws that forbid people from electronically recording audio (ie...conversations in public) without giving prior notice whereas in the same states it is perfectly legal to take photos and video tape those same people without their knowledge/permission. The difference between saying video is ok and audio isn't is that if a person is in public and talking quietly, they have an expectation of privacy.

Wouldn't it work the same way for DNA?

Also - I got a phone call back from the detective. I followed the majority opinion of the people on this thread and told him I will not be providing a sample.

He then threatened me by saying "he could get a search warrant for it probably." He said he would "get a hold of the district attorney's office to see if they wanted to write a search warrant...and will proceded when [he] knows further."

Do you think the search warrant would be granted? If it is, would I have any choice left if I wanted to comply or not? Could I ask the PD/Crime Lab to sign a paper to guarantee my data will be deleted after 3 months and get this signed paper before I give the sample?

 

[Banned_Princess]

What makes you think they want to keep your swab around forever, don't you think that would get to be alot of swabs?

And why wouldn't you want to put your DNA on file, what if theres a disaster and remains need to be identified?

Wouldn't you want to be excluded from every and any crime ever, because your DNA is not flagged?

What if in the future, you can be recreated using the stored DNA?

So many reasons to just give the swab and get it over with, stop being a jerk, are you scared they might connect you to past crimes and get tagged for future ones?

 

[tranquility]

He could not really get a search warrant to "eliminate" yours from the contamination. You should probably lawyer up as it seems you are a suspect. A search warrant affidavit usually requires probable cause to believe evidence is in a certain place, not the absence of evidence. (Think of it, "I swear under oath that I think Joe is not guilty of the burglary I'm investigating. I'd like the court's permission to search his residence, which was near the crime scene to eliminate him as a suspect.")

Could he get a search warrant? Maybe. But, if so, why would you care if they get a court order to obtain what you are considering giving any way? His threat should eliminate any thought in your mind of cooperating or talking with him any more.

You should see an attorney. You should shut up about this to anyone but that attorney. If you are arrested, other than booking data at the time of booking, you should not answer any questions other than saying, "I'd like to speak with an attorney before questioning." Repeat each time a question is asked.

 

[KingFahad]

If your story is true and they want your DNA.

One way or another they will get it.
DNA.gov: Cold Hits

AND
A warrant may not be necessary because of the DNA Fingerprint Act. Or a suspect may volunteer a sample or abandon a potential sample by leaving behind a cigar butt in a public ashtray. For other cases a search warrant can be obtained.

Source:
DNA Initiative (see link)
Duke University.

The above is a partial excerpt.