TRI In The News
DNA Testing Law Could be Ruled Unconstitutional
From Newsplex
Original article available here
The law in Virginia says that if you're arrested for a violent crime, police can take your DNA, without a conviction, and your consent. This could potentially be considered unconstitutional if the high court supports what's happening in Maryland. Albemarle County Sheriff Chip Harding has long pushed for DNA collection at the time of arrest.
"If you haven't done anything wrong, why do you care?" said Sheriff Harding.
The Court of Appeals in Maryland has said it is unconstitutional; it is a violation of citizen's fourth amendment rights. The State's Attorney General wants to take it to the U.S. Supreme Court which would mean Virginia's law could be in jeopardy.
"I'm against Big Brother intrusion, but I think in this case, the benefit outweighs any concerns," said Sheriff Harding.
He believes that it identifies criminals in a much earlier stage and can save a lot of victims.
"That's speculative if it's a public benefit, but I do know it's a public benefit to keep our Constitution intact," said John Whitehead, president of the Rutherford Institute.
The Rutherford Institute is a group fighting for civil liberties, and it's clear that Whitehead has a different opinion on the issue.
"If you're arrested, you're presumed innocent until you're proven guilty. That means you have that right to privacy and all your rights still click in," said Whitehead.
The latest numbers from the Virginia Department of Forensic Science show that there are 347,612 DNA samples in the state's database of people arrested. Since 1993, that's resulted in 7,862 hits connecting people arrested to other crimes. Out of those, 132 came this year alone.
"DNA has been so helpful. It's a tool that I think our country needs to take full advantage of," said Sheriff Harding.
"People really need to know if they're going to give their DNA, what it entails. And they're not being told that," said Whitehead.
The issue boils down to a balance between public safety and privacy rights; a debate set to continue.
Another note on the debate is that Virginia's DNA databank has also exonerated more than 200 incarcerated people of their alleged crimes and there's more in the works. Sheriff Harding plans to push lawmakers to expand DNA sampling to include those convicted of misdemeanors.
