25 Jan 12 North Carolina's DNA Law is Problematic

The North Carolina General Assembly passed a new law in July 2010 that would expand the state's DNA database by allowing police agencies to collect DNA samples from suspects when they are charged with certain crimes.

The bill authorizes law enforcement to hold people who refuse to give a sample. If charges are dropped or the suspect is acquitted, the individual's DNA sample must be removed from the database.

"It's a win for North Carolina citizens," Cooper told WRAL News.

However, some lawmakers say requiring the sample upon arrest amounts to unreasonable search and seizure.

Rep. Rosa Gill, D-Wake, voted against the bill. She agrees that DNA is a useful tool in helping law enforcement solve crimes, but argues that obtaining samples from suspects who have not been convicted goes too far.

"I feel like it's unfair. I think it may be a type of targeting that we don't intend for it to be," Gill said.

The problem with the law, as Rep. Gill argues, is that probable cause is a very low standard, and that many people are arrested who are, in fact, innocent of the crimes they have been alleged to have committed. By collecting DNA samples, the state engages in an invasive practice of creating a police state that contains detailed and personal information about people.

Damon Chetson is a criminal lawyer Wilmington. He practices in Raleigh and Wilmington, North Carolina. He also defends individuals charged with crimes throughout the Research Triangle. He works hard to defend his clients' rights. Wilmington criminal lawyer Damon Chetson is available day or night, weekdays or weekends. You can call him for a free consultation at (910) 241-0003 weekdays, evenings, weekends, and Holidays.

About the Author:
Damon Chetson is a criminal lawyer Wilmington. He practices in Raleigh and Wilmington, North Carolina. He also defends individuals charged with crimes throughout the Research Triangle. He works hard to defend his clients' rights. Wilmington criminal lawyer Damon Chetson is available day or night, weekdays or weekends. You can call him for a free consultation at (910) 241-0003 weekdays, evenings, weekends, and Holidays.