By Clare K. Remy.
Across the United States, state and local law enforcement agencies operate independent—“rogue”—DNA databases that pose significant constitutional concerns under the Fourth Amendment. Unlike the federally regulated Combined DNA Index System, which has strict quality controls and contains only the DNA of convicted offenders and arrestees, these rogue databases retain genetic information from victims, witnesses, and other non-offenders without their knowledge. Although such widespread genetic surveillance has produced some benefits for law enforcement, the underregulated use of these databases exacerbates systemic inequities in policing, disproportionately impacts communities of color, and repeatedly subjects non-offenders to unreasonable searches of their genetic information. This Comment argues that states should enact statutes to govern the use of these databases and proposes a framework to prevent constitutional violations while preserving legitimate law enforcement objectives. Full Article.