Do DNA sweeps violate the constitutional guarantee of due process? It’s a question that strikes right at the tension in American society over two legitimate desires—to catch criminals and protect the privacy of individuals. And the question reared its head again in a case in Phoenix.
A mentally incapacitated woman became pregnant. Her lack of ability to give consent turned this immediately into a rape case. Every male that worked at the medical facility was subjected to a DNA test, or a “DNA dragnet,” as it’s often called, so their DNA could be compared to that of the baby.
Are DNA tests legitimate investigative strategy?
The legitimacy of this investigative tactic has been hotly debated ever since the tremendous value of DNA sampling became apparent. The arguments break down roughly as follows:
- Civil liberties advocates protest that a DNA sweep violates Fourth Amendment protections against undue searches and seizures.
- The police and DNA dragnet supporters say that the sweeps are voluntary. They further add that the purpose is to eliminate people from suspicion, not entrap them.
- Opponents counter by pointing out that this inverts the justice system, by placing the burden on the individual to prove themselves innocent rather than the state to prove them guilty beyond a reasonable doubt. They further add that while the sweeps are usually voluntary, a failure to participate usually results in a person drawing suspicion to themselves.
- Supporters say that the DNA sweeps drastically improve the chances of putting a criminal behind bars, at minimal intrusion into privacy. Opponents answer by saying the end does not justify the means, and that by signing off on these sweeps, judges are setting a bad precedent for future violations of the Fourth Amendment.
Like most criminal defense matters, the issue of DNA sweeps and due process involves a delicate balance between the rights of the individual and the rights of society. That balance is currently being hashed out in the legal system.
In all legal situations, it’s important to know your rights, like the threshold of probable cause.