home > newsroom ACLU of Utah Questions Proposed DNA Database for all Arrestees August 10, 1999 The American Civil Liberties Union (ACLU) of Utah would like to respond to Sheriff Kennard’s proposal to require DNA samples from all those arrested in Salt Lake County. The ACLU continues to believe that the wholesale collection of DNA from anyone who is arrested is an intrusive and unreasonable search conducted without the individualized suspicion required by the Fourth Amendment and similar state laws. While DNA evidence can be a great benefit to law enforcement and to the wrongly accused in certain contexts, the proposed policy raises some significant civil rights concerns. First, arrest should not be equated with guilt, and no individual should suffer the consequences of guilt until after they have been convicted. Further, DNA is not analogous to a fingerprint collected for identification purposes. DNA reveals the most intimate details of the human body, including a genetic predisposition to certain diseases and conditions in arrestees or their family. It is hardly justifiable to require such an extreme intrusion into personal privacy in cases of arrest for jaywalking or participation in a political demonstration. The proposed policy also raises troubling questions as to how these DNA databases will be utilized once this information is gathered from arrestees. Unfortunately, our nation has a long history of creating databases with assurances that they will be used for a distinct purpose but that nevertheless assume additional functions. Social security numbers, for instance, were once used only to trace retirement funds have now become widespread identifiers for everything from medical records to bank accounts. The ACLU of Utah is committed to preserving the Fourth Amendment protection against unreasonable searches and seizures and to the principle of innocent until proven guilty. For those who think otherwise, prepare for the following modification of the Miranda warning: "You are under arrest. Anything in your DNA can and will be held against you and your family in a court of law … and by insurance companies, medical researchers, and hackers who break into the system." By the time you call your lawyer, it may be too late.

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