Assume that the police suspect Anne Smith of murder and that they got DNA evidence at the crime scene that likely belongs to the killer. Law enforcement does not have adequate probable cause to obtain a search warrant to have Ms. Smith produce a DNA sample, but police know that Ms. Smith's brother does not like his sister and would gladly provide a familial DNA sample if asked. DNA samples of
people who are related are likely to contain similarities. If the police obtain a DNA sample from the brother, even though they have insufficient evidence to implicate Ms. Smith, why might this procedure concern civil rights advocates?
What will be an ideal response?
Familial DNA can implicate a person in a crime, but its use sidesteps the requirement to establish probable cause to conduct a search. Even though another person is consenting to the DNA sample, the police are only requesting the sample because they know it may implicate a suspect from the same family. This, arguably, is an invasion of privacy by the government, without due process.
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What will be an ideal response?