Should Arrestee DNA Databases Extend to Misdemeanors?

Abstract

The collection of DNA samples from felony arrestees will likely be adopted by many more states after the Supreme Court's 2013 decision in Maryland v. King. At the time of the decision, 28 states and the federal government already had arrestee DNA collection statutes in places. Nevada became the 29th state to collect DNA from arrestees in May 2013, and several others have bills under consideration. The federal government also encourages those states without arrestee DNA collection laws to enact them with the aid of federal grants. Should states collect DNA from misdemeanor arrestees as well? This article considers the as yet largely unrealized but nevertheless important potential expansion of arrestee DNA databases.

Keywords: DNA, database, CODIS, discretion, arrest, surveillance, police, law enforcement, criminal justice, Supreme Court, Fourth Amendment, Maryland v. King, genetic, privacy