In the last few years a new investigatory tactic has popped up. DNA from past crimes can be compared against databases of criminals. This often leads to apprehensions since usually criminals are repeat offenders and a lot of states have DNA materials from them.
However in the last few eyars sites like ancestry.com 23andme.com popped up offering genetic tests. THey tell you your ancestral make up based on haplo groups and as a lot of the anecdotal stories go – sometimes you might find distant family.
What they dont outright say in their ads is they sell the DNA they get to law enforcement. Effectively the NYPD can run a DNA match against a very significant number of people in the USA whenever they wish. The vast majority of people on this list are NOT criminals. Just people that technically waived their right to that information by using hte services of sites like Ancestry.
For now we have two degrees of issues:
Should law enforcement be able to mass scan DNA matches among people with criminal record but NO supporting evidence tying them to the case? Is this a 4th amendment violation?
Should law enforcement be able to mass scan DNA matches among people with NO criminal record and NO supporting evidence tying them to the case? For example people useing the services of Ancestry. Is this a 4th amendment violation?
And the main personal issue to me: DNA is not super distinct from each other. For example your brother and you have a very high match across DNA. Same with your father and you. Your grandparents. In general one genealogy profile can lead to as many as 300 other people:
Should law enforcement be able to mass scan DNA matches among people with NO criminal record and NO supporting evidence tying them to the case and then USE partial matches to go after every family member losely affiliated with the place or time the crime happened in? Is this a 4th amendment violation?
For example: The golden state killer was caught like this.
If the US at some point, via any source of info, was able to obtain and support a full 100% list of DNA matches of every citizen: will it be constitutional in your opinion to run every crime related DNA sample for matches against that?
At what point is the US police in violation of the 4th amendment. At what point is genetic material abdicated by your relatives legl to use to identify you personally?