Posted on 06/11/2019 9:24:44 AM PDT by FoxInSocks
Im curious how this constitutional question will play out. There have been a number of cold cases cracked recently with these genealogical DNA searches.
Its great to finally catch these perpetrators and maybe give some closure to their families, but Im not convinced its constitutional.
Attorneys for Bjerke, 37, are now seeking to have the DNA evidence thrown out of court, arguing that assembling and testing a genetic profile without a warrant violates the Constitution.
I am. The perp did not have to leave any DNA at the scene of the crime, but voluntarily did................
I am. The perp did not have to leave any DNA at the scene of the crime, but voluntarily did................
It’s constitutional.
No mention of race in the description. You know what that means.
I think DNA evidence is comparable to fingerprints left at the site. I dont believe it requires a warrant to lift exemplars at a crime scene and compare them to database collections at state and federal levels.
Hang his ass, and then investigate further.
As it stands, if you have a large extended family there is a decent chance that someone has the means to build a genetic profile of you using the DNA of gullible relatives who wanted to confirm that they are really Irish or something. It's creepy that such fundamental info could be created and used in unknown ways against your interests.
Thats not the part under question. Its the DNA of relatives that led to the surveillance and subsequent collection of the suspects DNA for matching to the crime scene.
I think its an interesting legal question, anyway.
A 20 year old case was recently solved by using one of those DNA databases and getting hits which were not him but close family.
They then checked his and got a 100% match. It was 2 teenage girls who got lost trying to find a party. Their bodies were found the next day in the trunk of one of them’s car.
Raped and shot in the head.
The perp of course says he is innocent. He is a Black male. Interestingly the police chief who solved the case is also a Black male who knew the perp in high school.
Nope. Last name is a clue.
From other sources, the suspect is white.
Don’t need a warrant because the family tree info is public.
If you are tested you’ll start getting notices of possible relatives.
Many are like 5th of 6th cousins.
Police do the same and get possible links. Then they have to do the stubby pencil work and narrow it down, then do interviews to narrow it down some more. They then have a few possible suspects. That’s when they have to get a warrant. They have many ways to get a DNA sample from a suspect.
If DNA collection is ‘unconstitutional’ then fingerprints are as well. This’ll be thrown out ASAP..........
Exactly. If the suspect isn’t named it means he’s white.
I thought everybody knew that.
My concern is not the DNA from the crime scene, but the mechanism used to identify a suspect for further investigation and obtain a sample to compare. There was no DNA match in any state or federal database, or apparently anywhere else.
I think he loses as it was not his DNA in the genealogical database and the owners of the DNA put it in the public domain. It led to him being the suspect and they got his DNA from discarded items already ruled not needing a warrant.
That said, there might be other and better cases that warrant a warrant (npi).
I doubt the family tree info is public, but I havent read any of the agreements people sign when providing their DNA for genealogical purposes.
Not to mention this suspect probably didnt enter into any agreement with a genealogy company and thats a substantially different circumstance.
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