Buting ,Williams & Stilling ,S.C. | A Criminal Defense Law Firm

Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

2 states pass laws to limit police use of genealogy data

On Behalf of | Jun 28, 2021 | Challenging DNA Evidence

Did you know that taking a genetic genealogy test could result in your DNA being uploaded to a national, searchable database that police could use to accuse you of a crime?

Worse, it’s not just you who is at risk. The entry of your DNA into such a database exposes people in your family to the search and seizure of their DNA. Information about their genetic profiles can be extrapolated from your own, and that could put them at risk for arrest, even if the process and results are questionable.

There are currently no federal laws guaranteeing the privacy of people who take genetic genealogy tests, but two states – Maryland and Montana – have recently passed laws to limit law enforcement’s access to genetic profiles.

The Maryland law requires a warrant before police can upload crime scene DNA to a genealogy database in an effort to find relatives of the suspect. It also limits the use of genetic genealogy databases to serious crimes, including murder and sexual assault. Finally, investigators are limited to databases that maintain strict privacy and user consent policies.

The law in Montana is somewhat narrower. It, too, requires a search warrant before a genealogy search can begin, although a warrant is not required if the consumer has waived the right to privacy.

Genealogy databases used in ‘Golden State Killer’ case

In 2018, the state of California revealed that it had used crime scene DNA and genetic genealogy databases to build out a family tree for the so-called “Golden State Killer.” Ultimately, they believe they were able to match relatives and deduce the name of the killer.

That case gave hope to many people in law enforcement, who saw the possibilities for other cold cases. Even at the time however, privacy advocates began to worry that police should not have easy access to people’s genetic information.

Genetic information contains sensitive health information and demanding someone’s DNA outright simply on suspicion they had committed a crime would likely be considered an unreasonable search or seizure, which is prohibited by the Fourth Amendment. If it would be, wouldn’t allowing police to search genealogy databases be an unreasonable search or seizure?

The new Maryland law requires police to get written consent before collecting DNA from third parties who are not suspected of crimes, unless a judge approves the collection without consent.

Moreover, the police can’t use DNA to seek out information about a person’s psychological traits or disposition to disease. And, all genetic records must be deleted from databases at the end of the investigation.

It will take time to see how the new laws work. In the meantime, other states are still allowing investigators to search genetic genealogy databases.

Archives

FindLaw Network

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)