Re:EFF to Supreme Court: The Fourth Amendment Covers DNA Col...
by voxic11 on Thursday February 19, 2015 @09:27PM
(#9078556)
No under this standard they can collect at crime scenes so long as they have a warrant to do so. They would be prohibited only from doing searches without a valid warrant meaning the warrant must be reasonable, specific, and signed by a judge. Searching a crime scene is both reasonable and specific, and getting a warrant is easier then ever today with most states adopting electronic warrant systems.
I don't really like the idea of tricking someone into giving a DNA sample, but I'm pretty sure it's been upheld before (they searched someone's garbage, IIRC) and this wasn't a massive dragnet, it was a trap to get DNA from one person who they must have suspected rather strongly given how they trapped them.