This thesis examines the use of two novel technologies in forensic science: familial DNA matching and genealogical DNA matching. I define DNA and describe how DNA is employed in multiple ways by law enforcement to aid in solving serious crime investigations. I also provide other modern-day common uses of DNA. I will then explain the technology of familial DNA searches and genealogical DNA searches. Drawing from case law and legislation, I will discuss arguments supporting the use of the DNA technologies as well as possible privacy concerns with these methods. I will also review possible concerns with the collection, usage, breadth, and storage of DNA information.
Considering cases such as the Golden State Killer case and BTK, a debate arose over whether the DNA matching methods covered in this thesis were ethical police work with people disagreeing about whether the privacy interests of the relatives of the suspects outweighed the State’s interest to find the murderers.
The authors of the Constitution did not have the ability to predict the technological advances since the establishment of the Constitution nor the issues that have arisen out of this advancement. For this reason, constitutional law does not explicitly address the right of privacy relevant to the technology of 2019, including DNA matching. Rather, contemporary courts must determine rulings based off of the original text of the Constitution, Amendments to the Constitution, and subsequent rulings decided by the Supreme Court. While organizations and individuals have raised privacy concerns with familial and genealogical DNA matching, current case law and legislation have not ruled the matching technology to be unconstitutional.