DNA profiles would be logged onto the CODIS only if the laboratory meets the quality standards of the FBI and carries out the proper procedure (Regensburger, 2009, p. 329; 42 U. S.C. A. § 14132(b)(1 to 2)). There are also limitations as to how samples are utilized and its accessibility (Regensburger, 2009, p. 329; 42 U. S.C. A. § 14132(b)(3)(A to D)). Such samples can only be used for identification purposes by criminal justice agencies in relation to their law enforcement (Regensburger, 2009, p. 329). It also provides for the removal of the DNA sample from the system when the conviction has been overturned, a dismissal of the charge, the defendant acquitted (Regensburger, 2009, p.
330) or that the samples collected at crime scene were later discovered as irrelevant or of no connection to the crime (Hibbert, 1999, pp. 808-12; Gabel, 2010, p. 15). Federal Courts have the “ power of judicial review” (Marbury v. Madison, 5 U. S. 137, 2 L. Ed. 60, 1803 WL 893 (1803)) to determine if these statutes may be unreasonable searches under the Fourth Amendment (Agueros, 2012, p. 1 in Westlaw).
A DNA sample was said not to be more intrusive than “ fingerprinting or a booking photograph” for purposes of identification (Rice, 2009, p. 712-713). In New Jersey v. TLO, 469 U. S. 325, 351, 105 S. Ct. 733, 83 L. Ed. 2d 720, 21 Ed. Law Rep. 1122 (1985) (Blackmun, J., concurring)), Justice Blackmun stated that “ a balancing test” should be employed by the Supreme Court which recognizes a “ standard of reasonableness, other than the traditional once a special need had been ascertained (Regensburger, 2009, p. 349). Justice Blackmun further clarified this by saying that an unauthorized search necessitates “ a special need” (O'Connor v.
Ortega, 480 U. S. 709, 732– 48, 107 S. Ct. 1492, 94 L. Ed. 2d 714, 1 I. E.R. Cas. (BNA) 1617, 42 Empl. Prac. Dec. (CCH) P 36891 (1987); Regensburger, 2009, p. 349). He further explained that this special needs test provides an exception to the constitutional rights (Ferguson v. City of Charleston, 532 U. S. 67, 84, 121 S. Ct. 1281, 149 L. Ed. 2d 205 (2001)) in that there are “ special law enforcement interests” apart from the ordinary ones (Pool, 621 F. 3d at 1217– 18).
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