July 27, 2011

Appellate Ruling Upholds DNA Sampling of Arrestees

The ongoing debate over the limits of government collection of DNA samples for inclusion in national DNA databases, most notably the CODIS database, has recently focused on whether those arrested for a crime can be ordered to submit a DNA sample for inclusion. In a decision from the 3rd Circuit Court of Appeals in Philadelphia, the court upheld the constitutionality of the Kyl amendment to the Violence Against Women Act in 2006, which authorized the federal government to collect a DNA sample from those arrested of a federal crime. The inclusion of arrestees as subject for inclusion in state DNA databases has increased with more states expanding their authorizing legislation; for a comparison of state laws, see here.

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