Police agencies with own DNA databases stir debate
LOS ANGELES - Dozens of police departments around the U.S. are amassing their own DNA databases to track criminals, a move critics say is a way around regulations governing state and national databases that restrict who can provide genetic samples and how long that information is held.
The local agencies create the rules for their databases, in some cases allowing samples to be taken from children or from people never arrested for a crime. Police chiefs say having their own collections helps them solve cases faster because they can avoid the backlogs that plague state and federal repositories.
Frederick Harran, the public safety director in Bensalem Township, Pennsylvania, was an early adopter of a local database. Since it was created in 2010, he said robberies and burglaries have been gone down because of arrests made through the DNA collection.
Harran said the Pennsylvania state lab takes up to 18 months to process DNA taken from a burglary scene, but with the local database authorities go through a private lab and get results within a month. He said he uses money from assets seized from criminals to pay for the private lab work.
“If they are burglarizing and we don’t get them identified in 18 to 24 months, they have two years to keep committing crimes,” he said.
Police typically get a DNA sample by swabbing the inside of a person’s mouth. That sample can then be compared against others in a database to see whether a match occurs.
Some police departments collect samples from people who are never arrested or convicted of crimes, though in all such cases the person is supposed to comply voluntarily and not be coerced or threatened.
State and federal authorities typically require a conviction, arrest or warrant before a sample is entered into their collections.
“The local databases have very, very little regulations and very few limits, and the law just hasn’t caught up to them,” said Jason Kreig, a law professor at the University of Arizona who has studied the issue. “Everything with the local DNA databases is skirting the spirit of the regulations.”
It’s unclear how many police departments maintain their own DNA databases because they are subject to no state or federal oversight, but police in California, Florida, Connecticut and Pennsylvania have spoken publicly about their local databases. Harran said he knows of about 60 departments using them.
In San Diego, in addition to voluntary samples taken from adults, police are allowed to take samples from juveniles who aren’t arrested or convicted as long as they are for investigative purposes and the children sign a consent form.