This is interesting. The use of public genetic genealogy databases by law enforcement officials has been discussed for several years now.
Posted on 12/31/2022 3:39:00 PM PST by DoodleBob
Fox News co-host Judge Jeanine Pirro joins 'The Five' panelists to react to police arresting a suspect in the slayings of University of Idaho students.
The suspect arrested in connection to the murders of four Idaho college students was nabbed at least in part thanks to "genealogical DNA" evidence, sources told Fox News' Judge Jeanine Pirro.
"[M]y sources are telling me that there is genealogical DNA that was established in this case that led the police to this particular suspect," Pirro said on "The Five" Friday.
...
Pirro, who formerly served as a Republican district attorney in Westchester County, N.Y., said if Kohberger does not have a criminal record, he would not likely have gotten any hits in law enforcement's CODIS database, which would lead authorities to instead analyze blood from the crime scene for genealogy-related leads.
"And so, they find out who were the relatives. Once they figure out who the suspect is, they then start to continue to investigate, spread out from Idaho to the car to Pennsylvania. And they populate with historical data," she said.
"So CODIS can give us that 30% solving of cases. But this genealogical DNA can give us a 90% chance of solving these cases. So in addition to what will be unequivocal evidence, they're going to have all kinds of circumstantial evidence in addition to that evidence, which we will see when the affidavit is unsealed."
(Excerpt) Read more at foxnews.com ...
I wonder how close the relative has to be. A first cousin, a second cousin, a third cousin. They can track the patrilineal line and the matrilineal lines, so maybe they can identify an ancestor 5 generations back and work out who all of his/her descendants are and investigate everyone in that family until they find the right one.
I remember Scalia, in an opinion, basically said your 4th Amendment guarantee against unreasonable search and seizure was dependent upon you actively working to secure that guarantee. That is, the police can peer inside your open windows but if you put up curtains the govt can't use thermal imaging technology to "defeat" the curtains. Same thing here.
I recently saw a TV show where the detectives built a perps physical likeness from his DNA.
I know folks that it’s happened to.
No tv, no social media, and a Faraday bag.
I still can’t really hide...
Death penalty. Nothing less if he is found guilty
We have to ban assault knives that can stab more than 10 times.
I’ve heard that genealogical DNA sites were started by the CIA or FBI. I am not curious enough about my DNA to submit a sample.
However, my sister was kind enough to submit her own sample, so I’m somewhat in the system now unvoluntarily.
This is the outfit that tracked the guy down.
https://snapshot.parabon-nanolabs.com/posters
he was better before he got married. What guy isn’t?
BobL posted:
“Most likely it was a relative of his that sent in a sample. From the relative they get a group of people and then start using investigation techniques*, legal or not.”
I have been messing around with my genealogy for several decades.
About 10 years ago, a younger relative asked me to send in my DNA to the big Genealogy group. We were at a family function, and I discussed potential abuse of this data. I was told by my younger relatives to just do it.
So I did it and my database of relatives went from under about 10,000 identified relatives to just under 30,000 from adding the 10,000 identified relatives.
I really don’t add many of our so called still living relatives as we have very little to really share like 3 rd to 4th cousins.
Again from BobL: “*includes cell phone pings, car pings (if late model), license plate camera databases, credit card history, etc.”
One of our younger relatives tried to warn us of this massive personal database available to anyone on line. How it can go back decades on a lot of personal data. His dad and a maternal uncle had lived in his current state decades ago and moved away 20/30 plus years ago.
Yet, their past addresses, phone #’s other personal data from decades ago were still on/in the system and available to anyone with an online phone or computer.
LOL, true.
I found out I had two uncles and two half brothers from the most common DNA company. Who knew my grandfather was a ladies man?
Yes. That’s exactly what it is.
How thoughtful of her.
I'm sure that she decided not to consult with you and her other relatives before she did that, too...
This is interesting. The use of public genetic genealogy databases by law enforcement officials has been discussed for several years now.
According to information within a CNN article about the capture of Idaho murder suspect Bryan Kohberger, it appears this might be the most recent case solved -at least in part- through the use of those public DNA databases.
Previously the Golden State Killer was identified through the use of DNA using a public genealogy database. According to the CNN article it appears a similar process was used in the identification of Kohberger:
(Via CNN) – […] Investigators homed in on Kohberger as the suspect through DNA evidence and by confirming his ownership of a white Hyundai Elantra seen near the crime scene, according to two law enforcement sources briefed on the investigation.
[…] An FBI surveillance team tracked him for four days before his arrest while law enforcement worked with prosecutors to develop enough probable cause to obtain a warrant, the two law enforcement sources said.
Genetic genealogy techniques were used to connect Kohberger to unidentified DNA evidence, another source with knowledge of the case tells CNN. The DNA was run through a public database to find potential family member matches, and subsequent investigative work by law enforcement led to him as the suspect, the source said. (read more)
Many who understand the scope of data and privacy exploitation have often wondered and warned if it was smart for people to be voluntarily giving their DNA to various genealogical tracing companies. When Blackstone purchased Ancestry.Com the world’s largest public DNA database, there were several questions raised again about the possible misuse and privacy issues. At the time, here’s how Ancestry responded:
…”Ancestry does not sell or share customer DNA data with insurers, employers or third-party marketers, nor do we share customer personal information with law enforcement unless compelled to by a valid legal process. Ancestry’s commitment to these robust consumer privacy and data protections remain unchanged under our new ownership”…
Obviously, the key phrase in that statement is “unless compelled by a valid legal process.” An unknown DNA sample at such a horrific and nationally newsworthy crime scene, could certainly lead to law enforcement compelling that type of database search.
For the issue of catching the psychopathic criminal who killed the four college students, you won’t find too many people concerned about the methods the investigative units conducted. However, in the bigger picture of having a national DNA registry available for cross-reference use in other non-criminal matters, there are still some privacy issues to consider.
In a majority opinion written by Justice Antonin Scalia, the Supreme Court ruled that the thermal imaging of Kyllo's home constituted a "search" within the meaning of the Fourth Amendment. By a 5–4 margin, the court held that a search warrant must be obtained before the government, including the police and federal agents, may use a thermal imaging device to monitor the heat and radiation of one's home. Scalia also noted the surveillance powers that could be abused by the police with technologies that are "not in general public use". As the police did not have a warrant when they used the device outside of Kyllo's home, the search was unconstitutional.
Scalia wrote: "Where, as here, the Government uses a device that is not in general public use, to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a ‘search’ and is presumptively unreasonable without a warrant." The majority opinion argued that a person has an expectation of privacy in his or her home, and therefore, the government cannot conduct unreasonable searches, even with technology that does not enter the home.
The Kyllo decision, relying on Katz v. United States (1967), confirmed the expectation of privacy in one's home, and limited the means by which the government can explore the home without a warrant. Scalia referred to the firm but bright line drawn at the entrance of a home, where the Fourth Amendment is said to recognize a heightened expectation of privacy. Furthermore, Scalia discussed how future technologies could invade one's right of privacy. Scalia argued that the Framers of the Constitution would agree that such technology would be intrusive enough to warrant a search, if they knew it existed, and as such, that technology (including thermal imaging) calls for the same warrant requirements as physical intrusion.
Scalia structured the opinion to protect against more sophisticated surveillance technology that might arise in the future. This was intended to protect the home from all types of warrantless surveillance and is an interpretation of what Scalia called "the long view" of the Fourth Amendment.
I'm no lawyer, but if I have a reasonable expectation of privacy and I secure that via not sending my saliva into the internet, if some prosecutor scores a "hit" via Uncle Floyd's DNA, under Kyllo I could argue that's a 4th Amendment violation.
Wow.
When I did Family Tree DNA I checked the box to allow my info to be used by law enforcement.
Some of my family need to be in jail and I don’t mind freely helping to put them there. But I would object had I refused permission.
It’s the consent that is key here.
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