But Does It Violate the Fourth Amendment?
The conventional way of using DNA is to gather blood, semen or other genetic material at the scene and run it through a database of criminals to see if it yields an exact match. But that approach isn’t helpful if the perpetrator is not in the database.
That is where a familial DNA search comes in. It entails looking through the database for a near-match – that is, for a close male relative of the perpetrator. Police can then use that information to zero in on whoever committed the crime.
I don’t think if violates the Fourth Amendment at all.
I think I agree with Joe. But I bet that the ACLU would not agree.
The Constituion says we have a right to be free from unreasonable searches.
Let’s say that the criminal left a card at the crime scene that contained personal information, but not enough to indentifty him/her. However, the other side of the card shows that the criminal’s mother lives a few blocks over. We certainly wouldn’t arrest Mom, but we might pay her a visit to ask about her son.
I would think that DNA searches would be the same sort of thing.
However, DNA is such a slipperly slope. While this seems like a relatively benign way to use it, I wonder what the future might be.