Can The Police Legally Get A DNA Sample From a Juvenile Without Your Consent? (AB1584)
DNA collection in criminal investigations is indeed a powerful tool, but when it involves minors, it brings up important ethical and legal challenges. California’s Assembly Bill 1584 (AB 1584) addresses some of these concerns by requiring parental or guardian consent and the minor’s before collecting DNA. This law recognizes that minors may not have the full capacity to make such decisions independently and, thus, aims to ensure a higher level of protection for their rights.
One of the most significant aspects of AB 1584 is the mandate to destroy a minor’s DNA sample within two years if it doesn’t link to any criminal activity or sooner upon request. This provision helps safeguard minors from long-term privacy risks. Additionally, the restriction on using the DNA solely for the specific investigation for which it was collected further protects against the misuse or overreach of DNA evidence in unrelated cases.
Exceptions to the Consent Requirements of AB 1584
Assembly Bill 1584 includes these key exceptions where parental consent is not necessary for collecting a minor’s DNA, reflecting the need for flexibility in urgent or sensitive situations. These exceptions are designed to allow law enforcement to act swiftly when certain conditions are met:
Crime Scene Evidence or Abandoned Samples: If DNA is collected as part of evidence from a crime scene or through abandoned material (e.g., discarded items like a cigarette or drink), law enforcement can use it without needing parental consent. This is because the DNA has been left behind voluntarily or discovered while investigating a crime.
Missing or Abducted Minor Investigations: In cases where a minor is missing or abducted, DNA collection becomes critical for identification or investigation efforts. Here, the urgency and necessity of finding or identifying the minor take precedence over obtaining parental consent.
Sexual Assault Cases: DNA can be collected from a minor without consent when the juvenile is either a victim or suspected perpetrator of a sexual assault. Given the sensitive nature of these cases and the need for prompt action, the law permits this exception to ensure that crucial evidence is preserved for the investigation.
These exceptions are designed to strike a balance between protecting minors’ rights and enabling law enforcement to handle critical situations efficiently. The primary goal is to ensure justice and safety while considering the unique vulnerabilities of minors.
Conditions for DNA Collection from a Minor
Under AB 1584, law enforcement can collect a minor’s DNA only when the minor and their parent or legal guardian provide written consent. The following steps must also be followed:
- Law enforcement must provide a written consent form, allowing the minor to request the destruction of the sample if it is not used in a criminal investigation.
- Police are required to explain how the DNA will be collected, its intended use, and the implications of providing a DNA sample. This ensures the minor fully understands the process and its potential consequences.
- Minors are informed of their legal right to refuse to give the DNA sample, reinforcing that it is voluntary.
- If the DNA does not link the minor to any criminal activity, the sample must be destroyed within two years or sooner if the minor submits a valid written request for destruction.
Restrictions on DNA Storage
AB 1584 places strict limits on how long law enforcement can store a minor’s DNA sample:
- If the DNA sample does not implicate the minor in a crime, it must be destroyed within two years.
- Minors have the right to request early destruction of their DNA sample at any time.
If a law enforcement agency fails to follow these procedures, it can face fines of up to $5,000 per violation.
Purpose of the Restrictions
The primary goals of AB 1584 are to protect minors’ privacy, prevent the misuse of sensitive genetic information, and ensure informed consent. By limiting the use and storage of DNA, the law prevents minors’ genetic information from being misused for purposes beyond the original investigation, such as unauthorized future searches or profiling.
This legislation ensures that minors are not coerced or uninformed when providing DNA, acknowledging the ethical complexities involved in obtaining consent from individuals who may not fully comprehend the long-term implications of their decision.
