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Q&A
Constitutionality of DNA collection from minors
2:09:48
ยท
65 sec
Council Member Inna Vernikov inquires about the constitutionality of DNA collection from minors prior to arrest. Michael Gerber, Deputy Commissioner of Legal Matters for the NYPD, explains that it can be constitutional under certain circumstances.
- Juveniles can give consent, but courts will analyze factors such as age and understanding
- DNA collection from minors has been practiced for years and is consistent with constitutional and New York law
- There are no prohibitions on juveniles giving consent or providing abandonment samples
Inna Vernikov
2:09:48
First question for mister Gerber.
2:09:50
Mr.
2:09:50
Gerber, is DNA collection for minors prior to arrest constitutional?
Michael Gerber
2:09:56
Right.
2:09:56
So it can be.
2:09:58
Obviously, it can be done consistent with the constitution.
2:10:03
Juveniles can give consent.
2:10:09
Obviously a court will look at that, of course, and analyze whether the consent was in fact given.
2:10:15
Did they have the ability to do it?
2:10:17
Did they understand what was happening?
2:10:19
There are a number of factors that will go into that always, including the person's age, which is irrelevant, considering it is
Inna Vernikov
2:10:26
But generally, we've been doing this for years.
Michael Gerber
2:10:28
I want to be clear that it's while it's a multifactor analysis, the answer is yes.
2:10:33
Juveniles certainly can give consent, and juveniles certainly can give abandonment samples.
2:10:39
That does happen.
2:10:41
That's not it's not particularly in New York.
2:10:43
That's that's across the country as a matter of of constitutional law and and New York law.
2:10:48
There is nothing prohibited in that regard.
2:10:52
No.
Inna Vernikov
2:10:53
Thank you.