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Council Member Salaam explains Intro 125 on DNA collection from juveniles
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Council Member Yusef Salaam provides an overview of Introduction 125, which aims to prohibit the NYPD from collecting DNA from juveniles without informed consent from a parent, legal guardian, or attorney.
- Highlights concerns about surreptitious DNA collection practices by the NYPD
- Discusses the debate between law enforcement needs and individual rights
- Emphasizes the need for clear protections, transparency, and limitations on DNA collection
Yusef Salaam
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We are here today to examine two critical pieces of legislation that aim to address concerns about how the NYPD engages with the community they serve.
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First the committee will hear introductions one twenty five sponsored by council member Ayala.
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Legislation to prohibit the NYPD from collecting DNA from juveniles without the informed consent of a parent, legal guardian, or attorney.
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An individual's DNA is deeply personal and law enforcement collection of DNA samples without consent or a judicial warrant raises serious concerns.
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The NYPD has long engaged in so called surreptitious DNA collection, which occurs when for example an individual in police custody is offered a cigarette or bottle of water.
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For detectives to later gather and test DNA samples found on those items.
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This collection can occur without probable cause or even after an individual invokes their right to counsel.
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The NYPD collects the NYPD contends that this is a legal practice underneath the fourth amendment relying on judicial rulings related to abandoned property.
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Such discarded garbage which police can search without a warrant.
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However, critics argue that discarding an item while in police custody is fundamentally different from discarding trash in a dumpster or garbage can on a public street.
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Although the NYPD has taken commendable steps to improve transparency and consent regarding its collection of DNA samples from suspects, arrestee suspects and arrestees, the department continues to collect DNA samples from minors through deceptive means and without consent.
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Although I agree that law enforcement must have the tools to solve crimes, doing so should not be done at the expense of fundamental rights of individuals.
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New Yorkers deserve clear protections, transparency, and strict limitations on how DNA is collected and used which is what intro 125 seeks to provide.
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The committee will also hear introductions seven ninety eight sponsored by council member Stevens.