Discriminatory “DNA Sweeps”
Posted by Jessica Cussins March 31, 2014
Biopolitical Times
A “DNA sweep” or “DNA dragnet” refers to the practice of police officers asking large numbers of people to voluntarily give DNA samples in order to help solve a crime. It is a controversial practice that is infrequently used because it can easily impose on what the New York Times has called “constitutional protections against compelled self-incrimination and unreasonable search and seizure.”
The principle that participation is voluntary is fragile, since refusing is interpreted by at least some police officials as itself constituting probable cause for the search. When DNA collections occur at a workplace, particularly when workers’ employment is insecure, people can face particular pressure to comply.
This was the case in a recent DNA sweep in Ontario, Canada, in which police officers went from farm to farm asking migrant workers, many of whom varied significantly from the description of the suspect, to submit their DNA for an investigation into a violent sexual assault. A complaint has now been filed with the Office of Independent Police Review Director, alleging misconduct and racial profiling.
Although DNA can be an important tool for solving crimes and exonerating the innocent, the very nature of a large-scale DNA sweep is imprecise and legally questionable. The ease with which a DNA sweep can cause harm to innocent people and increase discrimination against minority communities and impoverished neighborhoods ought to seriously limit its use by a reputable police force.
Previously on Biopolitical Times:
The principle that participation is voluntary is fragile, since refusing is interpreted by at least some police officials as itself constituting probable cause for the search. When DNA collections occur at a workplace, particularly when workers’ employment is insecure, people can face particular pressure to comply.
This was the case in a recent DNA sweep in Ontario, Canada, in which police officers went from farm to farm asking migrant workers, many of whom varied significantly from the description of the suspect, to submit their DNA for an investigation into a violent sexual assault. A complaint has now been filed with the Office of Independent Police Review Director, alleging misconduct and racial profiling.
“Despite the fact that the police had specific details about the suspect that should have narrowed the scope of the investigation (i.e. height, age and physical appearance), all black and brown migrant workers were approached during the DNA sweep,” the complaint states…
“If the police are permitted to conduct an investigation without respect of our rights and engage in deplorable practices such as arbitrary detention and racial profiling, then our legal rights to be presumed innocent until proven guilty will be reduced to nothing more than an empty slogan.”Apparently,
Justicia for Migrant Workers, a group that found and interviewed 44 of the 100 people who voluntarily gave samples, learned that roughly half of those they spoke to were shorter than the specified height of the suspect, and about half were older than 41, when the suspect was said to be in his twenties.A review of the Ontario Provincial Police department is now underway. The results will be made public in about six months.
Although DNA can be an important tool for solving crimes and exonerating the innocent, the very nature of a large-scale DNA sweep is imprecise and legally questionable. The ease with which a DNA sweep can cause harm to innocent people and increase discrimination against minority communities and impoverished neighborhoods ought to seriously limit its use by a reputable police force.
Previously on Biopolitical Times: