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This legislation has raised concerns that crime laboratories may be unable to manage an influx of samples from a new source and that preconviction DNA collection may violate Fourth Amendment privacy guarantees.
He appealed his conviction on Fourth Amendment grounds, arguing that taking the sample constituted a search that was not based on reasonable suspicion, as it was unrelated to the crime for which he had been arrested. It ruled that Virginia's law accorded with the Fourth Amendment under the "established principle that a search incident to arrest is permissible within the Fourth Amendment and that such a search may include an attempt to identify the arrestee." The court cited a 1992 Fourth Circuit case that held the suspect's identity "is relevant not only to solving the crime for which the suspect is arrested but also for maintaining a permanent record to solve other past and future crimes."A month after the Virginia decision, Minnesota's Court of Appeals held that Minnesota's DNA statute violated the Fourth Amendment in When C. Both American and European courts are grappling with the issue. State laws also vary with regard to how samples may be used beyond law enforcement and quality control purposes.Many states explicitly provide for other uses, such as identification of missing persons, identification of remains from natural or mass disasters, and statistical research.On December 4, 2008, the Grand Chamber of the European Court of Human Rights ruled against the United Kingdom in a privacy case. Department of Justice, Federal Bureau of Investigation. "In conclusion, the Court finds that the blanket and indiscriminate nature of the powers of retention of the fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences, as applied in the case of the present applicants, fails to strike a fair balance between the competing public and private interests and that the respondent State has overstepped any acceptable margin of appreciation in this regard. [note 6] Axelrad, S., "Survey of State DNA Database Statutes" (pdf, 9 pages), American Society of Law, Medicine & Ethics (2006).