I came across an interesting case recently from Maine. Maine's DNA Data Base and Data Bank Act (Act), requires individuals convicted of certain serious felonies to submit a DNA sample for the data base. The Maine Supreme Judicial Court opines that the Act does not violate the prohibition against unreasonable search and seizure set forth in the federal and state constitutions.
In analyzing the issue, the Maine Supreme Judicial Court disagreed with the approach taken in
other courts, that the "special needs" exception to the warrant requirement applied, and instead applied a totality of the circumstances approach, by which the Court balanced the defendant's privacy interest against the state's interest.
The Court then noted that the defendant had a diminished expectation of privacy due to his prior conviction, which brought him within the ambit of the Act. The Court also reasoned that the extent of the intrusion was minimal, in that the DNA testing involved a cotton swab of the defendant's cheek. Moreover, the Act provided safeguards with respect to release of the DNA information. Finally, the Court noted that the state had a substantial interest in deterring recidivism, solving crimes, and absolving the innocent.
The case is State v. Hutchinson. The Maine case may be found at Westlaw 1152002.
GREGORY CHANDLER, Attorney at Law
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