Familial Searching: How Implementing Minimum Safeguards Ensures Constitutionally-Permissible Use of This Powerful Investigative Tool

Authors

Alexandra Nieto, Benjamin N. Cardozo School of Law

Abstract

This Note supports the adoption of Familial DNA Search Policies. by states that have not yet taken a position on the issue. Part I of this Note provides background on the role of Familial Searches in criminal investigations. This includes a discussion on the nature of Familial Searches, why they are useful, and the current state of the law. Part I also considers the different guidelines and protections in existing Familial Search Policies, as well as states' policies regulating their DNA databases. Part II discusses the Fourth Amendment and equal protection concerns implicated by Familial Searches and how a court may address such issues. Part III proposes that states that have not yet taken a position on Familial Searches adopt policies permitting this type of search. However, in crafting these new policies, the Proposal instructs states to comply with a set of minimum requirements, which will mitigate negative effects of the policy that could potentially affect communities of racial minorities in disproportionate amounts.

Disciplines

Criminal Law | Criminal Procedure | Evidence | Law | Law Enforcement and Corrections | Medical Jurisprudence | Science and Technology Law

Recommended Citation

Alexandra Nieto, Familial Searching: How Implementing Minimum Safeguards Ensures Constitutionally-Permissible Use of This Powerful Investigative Tool, 40 Cardozo L. Rev. 1765 (2019).
Available at: https://larc.cardozo.yu.edu/clr/vol40/iss4/6