In some states, the police are allowed to gather DNA samples upon making an arrest-even before the person is actually charged (let alone convicted). As might be guessed, this has raised concerns from those who are concerned about privacy issues. However, there are those who regard the collection of DNA as a good idea and one that can help ensure that the guilty are punished and the innocent are set free.
One argument in favor of allowing the police to take DNA samples upon arresting a person is that the DNA information can be used in whatever investigation that might follow. Of course, the obvious counter to this is that the sample need not be taken upon arrest to be used in the investigation or trial. That is, the police can wait until the person is actually charged with a crime that legitimately involves a need for DNA evidence.
Another argument in favor of allowing the police to take DNA samples upon arresting a person is that this adds to the database of DNA. Even if the person arrested is not charged or found to be innocent, the DNA information will remain and it might prove useful in a later investigation. Not surprisingly, this same argument is used to argue in favor of mandating that everyone be included in the DNA database. Such a national DNA registry would be a great boon to police. For example, a person picked up for a traffic violation could be checked against the database and it could be found that he is a wanted serial rapist. Without the DNA information, the serial rapist would have been free to continue his crimes.
As might be imagined, the arguments in favor of such DNA sampling and database creation are countered with arguments against them.
One of the main arguments against taking DNA samples from a person who has been merely arrested is based on the claim that the police need a proper warrant to obtain evidence. Just as an officer cannot go through my computer or house without a warrant, she cannot go through my DNA. The main counter to this is that the police do take fingerprints and this practice is on a solid legal foundation. The debate then becomes one of analogy: is DNA more like fingerprints or more like the content of a person’s house or computer? The answer to this depends a great deal on the sort of data gained from the DNA sample.
If the DNA sampling merely provided data comparable to that provided by fingerprints (that is, just identifying the person), then a fairly solid case can be made that DNA sampling of this sort would be just as legally solid as fingerprinting. However, if the DNA sampling provides more data, then it would seem to be more analogous to going through a person’s home and thus simply grabbing a DNA sample upon an arrest would seem to be on par with going though a person’s house just because she had been arrested.
Obviously enough, a DNA sample does potentially provide a vast amount of information about a person. However, the amount of information revealed would depend on the sort of testing used on the DNA. Thus, a key part of the matter would focus on how the DNA was used (and what was done with the actual samples).
Another argument against DNA sampling is the potential for the misuse of the information gathered. Obviously, there is the concern that the information revealed by the DNA will be misused by the police. For example, DNA samples are now used to make family matches and innocent relatives of criminals can find themselves targeted by the police. As as another example, DNA identifications are not as reliable as people generally believe. This raises the concern that too much reliance will be placed on such evidence. For folks who worry about the government having a registry of firearms, the idea of collecting such DNA information should be utterly terrifying. There is also the concern that the data will be misused by those outside of the police forces. That is, that the data will become available to other parts of the government and perhaps even those in the private sector. For example, the DNA data gathered by the police could become available to insurance companies.
The gathering of DNA evidence is now fairly common and it continues to grow more common. One reason for this is that the companies that profit from DNA testing have effective lobbies that work rather hard to ensure that there will be a large market for their products. This, like the for-profit prisons, also raises concerns. After all, when such profits are involved, the public good is often ignored.