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by thinkcontext
2980 days ago
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This would require a warrant, which requires a specific target, not a fishing expedition. The BTK serial killer was caught in similar fashion, police were able to get a warrant for his daughters Pap smear which was stored at a medical facility. https://en.wikipedia.org/wiki/Dennis_Rader |
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Since proposition 69 (2004), and recently upheld by the Calfornia Supreme Court, California is taking and holding indefinitely DNA for everyone arrested for a felony, even if they're never charged or convicted:
http://www.latimes.com/local/lanow/la-me-ln-dna-supreme-cour...
So they get already get 'free look' (no warrant required) at the DNA of anyone alive, via an arrest, even if the charges are ultimately unsupportable. Do you expect a stronger protection would apply against stored records?
Further, the newborn blood spots are already in government custody. There's no essential requirement for any private 3rd party to produce them, against the holder's wishes. Why wouldn't a detective/prosecutor, perhaps emboldened by public opinion or some new Prop-69-like policy, to consider these blood spots 'abandoned' DNA, just like that acquired from this 'Golden State Killer' suspect after surveillance but without a specific warrant?
Is it unlikely that law enforcement would ever get a 'warrant to modern-sequence-all-the-spots', to solve some particularly heinous crime, then retain the data indefinitely, as they already do for other incidental collections? Sure, that sounds to me like a 'general warrant' that should be prohibited by the 4th amendment. But government keeps seeking – and often winning in court! – ever-broader database warrants. (See for example https://www.washingtonpost.com/news/monkey-cage/wp/2016/06/1...)
Even the ~80 yes/no genetic disorders automatically tested for, and thus possibly kept in a digital database afterwards, might be enough 'bits' to narrowly pick a few suspects, or uniquely identify a single suspect, in some cases. Would the CA DOJ need a warrant to have a friend at the CA DPH run a SQL query on a database that may already be online?
Can you find any statement from the California Department of Publish Health that they would only release blood spot data to law enforcement with a warrant?