My only concern would be the situation where an individual goes to trail and is found not guilty. There needs to be a means to removing the DNA results.
“There needs to be a means to removing the DNA results.”
Yeah, sure. You know what they do when ordered to remove records? They remove them from their database onto the PC of someone in their shop. They can then say they’ve been removed and the cops still have access to them. Government agencies are not honest in case you didn’t know.
This is a search. We have a constitutional right to be free from unreasonable searches without probable cause for that particular search.
If the case involves DNA evidence and there is probable cause, then the prosecution can get a court order for the DNA based upon that.
The courts have ruled that the government can take our fingerprints when we have been arrested in order to identify us. That is a weakening of our rights because the government has a legitimate need to identify who they have in custody.
Under what circumstances can you imagine where fingerprints would not verify someone's identity, but DNA would. Just verify their identity, not provide evidence that they committed some other crime that the prosecution doesn't have probable cause with which to get the DNA.
If such a circumstance is rare, then there is no reason to weaken the rights of anyone who might be charged with a crime. The prosecutor can argue that it is necessary in that particular case.
We don't weaken our rights just because it might be convenient for the government in some relatively rare cases.
Why? Do we remove fingerprints from AIFIS if the accused is found "not guilty" later on? No, we do not. Nor do we expunge arrest records for criminals who are found not guilty.
Everyday in America, people are arrested because LE has found a crime scene fingerprint match to a fingerprint located in AIFIS (although it's not done nearly as quickly or efficiently as it's done on CSI:Miami). That fingerprint may have found its way into AIFIS because of a criminal arrest, a government security clearance or military enlistment package, or even because of a bond issued from a private insurance company.
Why should fingerprints, as a means of identification, be treated any differently than a fingerprint or a mugshot?
Your dreaming, the health care bill will make DNA of everyone part of their national exter.. uh, er, health care plan.