The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures by government agents such as police. It is among our primary sources of constitutional protection against government overreach and surveillance. This is because, in criminal...
Challenging DNA Evidence
Do jurors fall for the ‘CSI effect’?
Forensic science isn’t nearly as straightforward and foolproof as it seems on television crime shows like “CSI: Crime Scene Investigation.” Unfortunately, many jurors may not know that. Are they expecting results like those produced on the show? Can they disregard...
Innocent man held in jail for 3 years on DNA mix-up
When it comes down to it, one of the most unfair aspects of our criminal justice system may be that people are held before trial. Some of those people -- many of those people -- are completely innocent. Unfortunately, bail can be assessed in part on the apparent...
When an FBI examiner misstates DNA evidence, what should happen?
Although DNA evidence can seem very convincing, forensic examiners make mistakes. They can run the test incorrectly. They can miss cross-contamination by other DNA. They can misstate the scientific certainty of their findings.When an FBI forensic examiner makes such a...
Is collecting DNA evidence that easy?
Recently, a New Mexico newspaper and the Associated Press covered what sounded like a light-hearted story. Apparently, someone attempted an armed robbery a Pizza Hut store in Las Cruces.The police reviewed surveillance tapes but were apparently unable to identify the...
‘Genetic surveillance’: Police use of DNA databases and privacy
If you take a genealogy test, you could be exposing your family, from your kids to your distant relatives, to the possibility of having their genetics exposed to third parties, including law enforcement.This is because companies like GEDmatch have created massive...
Even more private genetic info could be in databases soon
Do people have any real privacy rights when it comes to their DNA? Who should have the right to own or control information about your DNA?A recent article in The Atlantic revealed that some DNA testing companies are now ready to test old-fashioned envelopes and stamps...
DNA can be transferred to objects via handshakes, at random
Could ordinary contact with other people spread your DNA to objects you've never touched?Yes, according to an important presentation at a recent meeting of the American Academy of Forensic Scientists, an internationally prestigious event held each year. About 7...
Some DNA testing now being done by police, not accredited labs
"Rapid DNA" machines are a new phenomenon in criminal justice. Able to process a DNA sample in just 90 minutes, they're often called "the magic box." The machines are small enough to be used by police departments. Until now, DNA testing has been performed exclusively...
Charges filed against DNA profile to beat statute of limitations
In an apparent bid to avoid missing a six-year statute of limitations, the Wisconsin Department of Justice recently filed felony charges against a man who mailed a threatening letter to a judge in 2012. Prosecutors apparently obtained DNA from the back of the stamp,...