What are the civil liberties questions pertaining to DNA testing?
Civil liberties concerns exist with respect to the state’s ability to obtain samples from a criminal suspect. Specifically, under what circumstances and after making what kind of factual showing should the state be able to compel an individual to provide biologic material that can be submitted for DNA testing (i.e., probable cause to believe the suspect committed the crime; reasonable suspicion to believe the suspect committed the crime; reasonable suspicion that the sample may produce material evidence in a particular case for which probable cause exists; reasonable suspicion that the sample may produce material evidence in some other case(s) in which the individual may be a suspect not withstanding the absence of additional proof). In addition, privacy concerns exist with respect to the uses the state may make of profiles stored in DNA data banks.
