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The Courts Will Soon Decide If Police Can Sample Your DNA Without A Warrant

Published: August 27, 2012
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Source: Business Insider

U.S. courts will soon decide whether Americans can have the expectation of privacy over their DNA, reports Kate Moser at the Recorder.

Michael Risher of the ACLU of Northern California is challenging a California law that requires all felony arrestees to give a DNA sample.

He argues that Americans "don't want the government to have all that information about us." The government doesn't have the right to demand our genetic material – including the wealth of personal information it holds – even if it promises to use it only for law enforcement, Risher claims.

Hanni Fakhoury, a lawyer at the Electronic Frontier Foundation who filed a friend of the court brief in the case, says he's concerned about "some of the problems of large-scale data gathering not based on any individualized suspicion that someone is engaged in criminal activities."

That concern is already playing out in terms of the other ways the government collects data on innocent Americans without a warrant.

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