We knew at some point DNA would be collected during every arrest, just as fingerprints are.  There are currently twelve states that collect DNA anytime anyone’s arrested for any crime.  Washington is attempting to become one of those states and insists swabbing a cheek is no more invasive than collecting

.

fingerprints.  The law currently allows for DNA to be collected only after a felony conviction and some misdemeanors and only after either a search warrant is obtained or permission from the accused.  The two bills now being considered include one that allows the DNA collection before one’s convicted but after formal charges are filed.  The other bill, of course, allows DNA samples be provided by suspects at the time of arrest. 

The ACLU says it’s unconstitutional and is preparing for a court battle.  Part of the controversy has to do with minors.  No one has to be notified nor will police have to wait until a juvenile’s parents or lawyers show up before demanding - and collecting - the sample. 

The plan is, provided either or both of these bills are passed, to send it to a national database via the FBI for comparison against any open cases.  If there are no matches, the sample should be destroyed.   That sounds reasonable, although it’s worth mentioning fingerprint cards aren’t destroyed and are kept on file indefinitely at police departments across the country.  Fingerprints identify or clear people every day.  It’s not considered an invasion on any level.  So is it equal footing?  Should there be a clause that demands destruction of DNA samples if they don’t send up red flags?

And what about the costs associated with these samples?  In Washington State, a single DNA test costs over $80.00 to process.  One graph shows two million dollars spent on DNA testing in only two years should either of these bills be passed.

Lawyers with the National Association of Criminal Defense Lawyers say it’s unfair to demand these samples, that they reveal too much and should be considered an unreasonable search and seizure. 

Regardless of what happens, Washington, as well as most other states, is facing financial cutbacks and growing backlogs of samples waiting to be tested.