WASHINGTON, April 17, 2008

U.S. To Expand DNA Collection

Any Person Arrested By A Federal Agency Will Have Samples Taken

  •  (AP / CBS)

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(AP)  The government plans to begin collecting DNA samples from anyone arrested by a federal law enforcement agency - a move intended to prevent violent crime but which also is raising concerns about the privacy of innocent people.

Using authority granted by Congress, the government also plans to collect DNA samples from foreigners who are detained, whether they have been charged or not. The DNA would be collected through a cheek swab, Justice Department spokesman Erik Ablin said Wednesday. That would be a departure from current practice, which limits DNA collection to convicted felons.

Expanding the DNA database, known as CODIS, raises civil liberties questions about the potential for misuse of such personal information, such as family ties and genetic conditions.

Ablin said the DNA collection would be subject to the same privacy laws applied to current DNA sampling. That means none of it would be used for identifying genetic traits, diseases or disorders.

Congress gave the Justice Department the authority to expand DNA collection in two different laws passed in 2005 and 2006.

There are dozens of federal law enforcement agencies, ranging from the FBI to the Library of Congress Police. The federal government estimates it makes about 140,000 arrests each year.

Justice officials estimate the new collecting requirements would add DNA from an additional 1.2 million people to the database each year.

Those who support the expanded collection believe that DNA sampling could get violent criminals off the streets and prevent them from committing more crimes.

A Chicago study in 2005 found that 53 murders and rapes could have been prevented if a DNA sample had been collected upon arrest.

"Many innocent lives could have been saved had the government began this kind of DNA sampling in the 1990s when the technology to do so first became available," Sen. Jon Kyl, R-Ariz., said. Kyl sponsored the 2005 law that gave the Justice Department this authority.

Thirteen states have similar laws: Alaska, Arizona, California, Kansas, Louisiana, Maryland, Minnesota, New Mexico, North Dakota, South Dakota, Tennessee, Texas and Virginia.

The new regulation would mean that the federal government could store DNA samples of people who are not guilty of any crime, said Jesselyn McCurdy, legislative counsel for the American Civil Liberties Union.

"Now innocent people's DNA will be put into this huge CODIS database, and it will be very difficult for them to get it out if they are not charged or convicted of a crime," McCurdy said.

If a person is arrested but not convicted, he or she can ask the Justice Department to destroy the sample.

The Homeland Security Department - the federal agency charged with policing immigration - supports the new rule.

"DNA is a proven law-enforcement tool," DHS spokesman Russ Knocke said.

The rule would not allow for DNA samples to be collected from immigrants who are legally in the United States or those being processed for admission, unless the person was arrested.

The proposed rule is being published in the Federal Register. That will be followed by a 30-day comment period.

© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Add a Comment See all 19 Comments
by quetzal0666 April 19, 2008 4:49 PM EDT
they can come and swab my N.ts any day!!!!
Reply to this comment
by rwm2_2000 April 19, 2008 12:06 AM EDT
I''m really afraid that once they know where certain organs are they will harvest them and possibly sell them to others as China already does. What''s to stop them since they have no Constitutional rights anymore? And that''s the point, They have no rights since they are criminals.
Reply to this comment
by rwm2_2000 April 19, 2008 12:03 AM EDT
rf35...I have a question for You...Do You believe in our Constitution. Ron Paul is the very BEST candidate we have running for President and the only candidate that talks about the de-valueing of our dollar and if U''ve been to the grocery store lately you''d know the dollar is in a crisis. Anyone who doesn''t think Ron Paul is the only reasonable candidate for President should check him out. He may not have a chance to win(since the rich and elite control the electronic voting ballots) but it''s not a popularity contest! If U believe in the Constitution then U should VOTE FOR RON PAUL...He Does believe in it.
Reply to this comment
by michellem99-2009 April 18, 2008 7:09 PM EDT
I say the nanny govt is overstepping it..ye can thank baby bush..
Reply to this comment
by rwm2_2000 April 18, 2008 2:28 PM EDT
If Congress dictates that we must give our DNA I guess we must obey-NEVER MIND THE CONSTITUTION. Criminals are no longer citizens of the US? I studied in school about how patriotic it was when a guy said GIVE ME LIBERTY OR GIVE ME DEATH. Now we''re being told by our Congress that criminals are no longer citizens and don''t deserve the amenities of our Constition. Even our President has said IT"S JUST A *** SHEET OF PAPER. Are we just going to give up our liberty by letting them swab us for they know what we''re made of? And what business is it to them what our DNA is? WE MUST CONTACT OUR CONGRESSMEN AT ONCE TO PROTEST THIS ACTION! It''s unconstitutional and WE MUST PROTEST! NOW!!!!
Reply to this comment
by kansas1946 April 18, 2008 2:55 AM EDT
Yeah, I really confident that the feds never arrest innocent people. Under this administration, I wouldn''t trust any of them for one second.
Reply to this comment
by ioweign April 17, 2008 9:43 PM EDT
Once proven guilty, you give up your right to privacy.
Posted by rf35 at 11:51 AM : Apr 17, 2008

Where did you get that ?
Can they harvest your organs too??
Posted by IOWEIGN at 04:11 PM : Apr 17, 2008

Where did YOU get organ harvesting? What does organ harvesting have to do with a criminal''''s privacy? I suppose if the criminal dies, then they could.
Have you ever seen the inside of a prison? No privacy. If you want privacy, quit commiting crimes.

Posted by rf35 at 06:21 PM : Apr 17, 2008

The Constitution still applies...
Reply to this comment
by rf35 April 17, 2008 9:23 PM EDT
Read what infowars.com has to say about this. They are the most patriotic people I know and vote for Ron Paul for President.
Posted by rwm2_2000 at 03:24 PM : Apr 17, 2008

Vote RuPaul for president. He (she, it?) would be a far better choice for the nation that Ron Paul. So would bin Laden, for that matter.
Reply to this comment
by rf35 April 17, 2008 9:21 PM EDT
Once proven guilty, you give up your right to privacy.
Posted by rf35 at 11:51 AM : Apr 17, 2008

Where did you get that ?
Can they harvest your organs too??
Posted by IOWEIGN at 04:11 PM : Apr 17, 2008

Where did YOU get organ harvesting? What does organ harvesting have to do with a criminal''s privacy? I suppose if the criminal dies, then they could.
Have you ever seen the inside of a prison? No privacy. If you want privacy, quit commiting crimes.
Reply to this comment
by impeach_w April 17, 2008 8:04 PM EDT
You must use lethal force against anyone who comes at you with a swab! Who knows what they''re going to do with it. Please err on the side of caution and don''t take any chances! You have 30 days to comment to the Federal Government. In general, Bigger guns are Usually louder.
Reply to this comment
by quetzal0666 April 17, 2008 8:02 PM EDT
Man my first post was awesome, whyd it get Deleted?
Reply to this comment
by quetzal0666 April 17, 2008 8:01 PM EDT
the Gov, can come and swab me anytime..
Reply to this comment
by ioweign April 17, 2008 7:11 PM EDT
Once proven guilty, you give up your right to privacy.

Posted by rf35 at 11:51 AM : Apr 17, 2008

Where did you get that ?

Can they harvest your organs too??

Reply to this comment
by rwm2_2000 April 17, 2008 6:30 PM EDT
I imagine someday we''ll all be giving our DNA for the gov''t including little babies when they are born.This sure does freighten me.
Reply to this comment
by rwm2_2000 April 17, 2008 6:24 PM EDT
Read what infowars.com has to say about this. They are the most patriotic people I know and vote for Ron Paul for President.
Reply to this comment
by rwm2_2000 April 17, 2008 6:19 PM EDT
IT"S UR CONSTITUTIONAL RIGHTS THAT I''M CONCERNED ABOUT. Unless we do as President Bush thinks- HE SAYS IT"S JUST ANOTHER GOD *** SHEET OF PAPER- Even though he swore an oath to it.
Reply to this comment
by rwm2_2000 April 17, 2008 6:16 PM EDT
Revelations speaks of having our right hands marked before the end of time. I hate to speak like a guy who thinks it''s upon us but every since 9-11 our gov''t has wanted to do away with our freedom in the name of security. This sounds just like Hitler in 1933. It''s almost the exact words. Our freedom and our security are the same thing. The Patriot Act is nothing more than a trojan horse. We have felt secure with President Bush but we must remember that his term is up in a few months-and that''s our American way. Do we feel secure letting Hillary Clinton, Obama, or McCain have all our DNA w/o any concern. I don''t. I wouldn''t even want Bush to have my DNA on file. I don''t trust the Gov''t to handle it like I would want it done. I know they say just criminals now but once their DNA is on file and their rights are gone I feel that they will eventually want all US citizens to provide DNA to them-AS REVELATIONS mentions. I hope with all my heart that ALL CITIZENS SPEAK UP TO PROTECT OUR CONSTITUTIONS RIGHTS! It''s about all we have left and that''s not being cared for as our forefathers intended.
Reply to this comment
by rf35 April 17, 2008 2:51 PM EDT
"That would be a departure from current practice, which limits DNA collection to convicted felons. "

That is not correct. Any member of the US Air Force has a DNA sample on file. Collection started in the 90''s. The DNA is kept in a database (not CODIS) and the purpose is to aid in identifying remains that are too badly damaged for any other ID technique.

If someone not convicted can have their DNA sample destroyed, I don''t see the problem. Once proven guilty, you give up your right to privacy. If you don''t want the government to have your DNA, don''t commit a federal crime (or join the US military)!
Reply to this comment
by gunownerdan April 17, 2008 1:36 PM EDT


"Today we need a nation of minute men; citizens who are not only prepared to take up arms, but citizens who regard the preservation of freedom as a basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom. The cause of liberty, the cause of American, cannot succeed with any lesser effort."
-- President John F. Kennedy, January 29, 1961
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