Civil Liberties Groups File Amicus Brief Opposing NYPD鈥檚 Illegal, Secret Seizure and Storage of DNA
For more than a decade, New York City has been amassing the DNA samples of New Yorkers without their consent or any court involvement, as a routine matter, specifically for inclusion in its 鈥淪uspect Index鈥 database
NEW YORK 鈥 Today, the 桃子视频 (ACLU), the New York Civil Liberties Union (NYCLU), and the Cato Institute filed an amicus brief with the Second Circuit in Leslie v. City of New York, in support of The Legal Aid Society鈥檚 class action challenge to New York City鈥檚 鈥淪uspect DNA Index.鈥 The brief argues that the Suspect Index is a massive and unlawful DNA database. It also emphasizes that DNA contains an individual鈥檚 highly sensitive and private information, and that DNA that people inevitably leave on items they discard鈥攆rom a used cup to a cigarette butt to a tissue鈥攃annot be seized, searched, and stored without a warrant.
The Suspect Index contains DNA samples from more than 34,000 people, including kids and people who have never been charged with a crime. Many of the samples are gathered through the NYPD鈥檚 practice of collecting DNA by arresting individuals for purported crimes, holding them for many hours, bringing them into an interrogation room specifically cleaned and set up to collect their DNA, pressuring them to drink or touch something, and concluding the interview as soon as that鈥檚 done. The NYPD then leads the individuals out in handcuffs (such that they cannot take whatever they touched or consumed even if they wanted to) and then goes back in to obtain the item specifically to extract the unavoidably shed DNA.
鈥淔or more than a decade, the NYPD has been operating a rogue DNA database not authorized by law,鈥 said Beth Haroules, director of disability justice litigation at the NYCLU. 鈥淣o New Yorker should have their DNA taken illegally and stored in a secret database. This destructive practice disproportionately targets Black and brown New Yorkers and violates our Fourth Amendment rights. No court should allow this intrusion on our privacy.鈥
鈥淭he government cannot treat our DNA like it treats our garbage, and seize, search, and store it without a warrant,鈥 said Vera Eidelman, senior staff attorney at the ACLU鈥檚 Speech, Privacy, and Technology Project. 鈥淯sually we rely on hypotheticals to highlight the dystopian possibilities of this kind of privacy invasion, but no hypothetical could be more troubling than New York City鈥檚 actual practice: amassing thousands of people鈥檚 DNA without their knowledge, their consent, or any court-ordered or legislative guardrails. If the Second Circuit does not intervene, all I can say is: New Yorkers, hold on to your trash.鈥
The brief argues that the Suspect Index violates state law, which establishes a separate state databank as the only DNA index that can exist in New York and sets strict limits on whose DNA can be collected, when, for what purpose, and when it has to be deleted鈥攁ll of which the Suspect Index ignores. The Index also includes samples from people who have been expressly excluded as suspects in a crime, arrestees who have never been convicted of a crime, and exonerated or acquitted individuals.
鈥淭he secret, dragnet collection of DNA for inclusion on a 'Suspect Index' sounds dystopian. Yet it's an affront to privacy and the presumption of innocence tens of thousands of New Yorkers have already suffered. The Fourth Amendment protects against this鈥攁nd hopefully, so will the Second Circuit,鈥 said Matthew Cavedon, Director of the Project on Criminal Justice at the Cato Institute.
A copy of the brief can be found here.