Live in Obedient Fear, Citizen

And in yet another case of law enforcement overreach, it appears that police are using blood drawn for state-mandated tests in New Jersey to conduct DNA tests used to target their relatives.

This is horrible from a civil rights and a public health perspective:

If you were born in the United States within the last 50 or so years, chances are good that one of the first things you did as a baby was give a DNA sample to the government. By the 1970s, states had established newborn screening programs, in which a nurse takes a few drops of blood from a pinprick on a baby’s heel, then sends the sample to a lab to test for certain diseases. Over the years, the list has grown from just a few conditions to dozens.

The blood is supposed to be used for medical purposes—these screenings identify babies with serious health issues, and they have been highly successful at reducing death and disability among children. But a public records lawsuit filed last month in New Jersey suggests these samples are also being used by police in criminal investigations. The lawsuit, filed by the state’s Office of the Public Defender and the New Jersey Monitor, a nonprofit news outlet, alleges that state police sought a newborn’s blood sample from the New Jersey Department of Health to investigate the child's father in connection with a sexual assault from the 1990s.

Crystal Grant, a technology fellow at the American Civil Liberties Union, says the case represents a “whole new leap forward” in the misuse of DNA by law enforcement. “It means that essentially every baby born in the US could be included in police surveillance,” she says.

It’s not known how many agencies around the country have sought to use newborn screening samples to investigate crimes, or how often those attempts were successful. But there is at least one other instance of it happening. In December 2020, a local TV station reported that police in California had issued five search warrants to access such samples, and that at least one cold case there was solved with the help of newborn blood. “This increasing overreach into the health system by police to get genetic information is really concerning,” Grant says.

………

According to the New Jersey lawsuit, police had reopened an investigation into a cold case and had used genetics to place the suspect within a single family: one of several adults or their children. But police didn’t yet have probable cause to obtain search warrants for DNA swabs from any of them. Instead, they asked the state’s newborn screening lab for a blood sample of one of the children.

There needs to be legislation forbidding the use of DNA evidence collected under non-criminal auspices without a search warrant. 

There should also be legislation forbidding the use of commercially collected data for law enforcement purposes if such collection would be unlawful for the government.

The powers we give to our law enforcement is chilling.