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Q&A
Discussion on the process of DNA collection and arrests
0:56:32
·
4 min
Council Member Diana I. Ayala expresses concerns about the NYPD's DNA collection process, particularly for juveniles. NYPD officials explain their procedures, emphasizing the balance between solving crimes and respecting individual rights. The discussion covers the legal requirements for DNA collection and the challenges in obtaining court orders.
- Ayala expresses concern about DNA collection from juveniles without court orders
- NYPD officials explain the process of DNA collection in relation to arrests and investigations
- The balance between solving crimes and protecting individual rights is discussed
Diana I. Ayala
0:56:32
I mean, I'm asking because with you've stated time and time again that 99% of the time that you're collecting a sample, there's an arrest.
Michael LiPetri
0:56:44
Which is,
Diana I. Ayala
0:56:45
So that's why I'm asking these questions.
0:56:49
I mean I've said it before, I don't have a problem with, I don't want to ever be put in a position where I am getting in your way of being able to solve a crime.
0:57:01
I've been on the receiving end, you know, I've I've I've been on both sides, and I understand how difficult it is to have, you know, something horrific happen to your family and want justice, And I respect that, I respect that.
0:57:12
What I don't respect is the process, right?
0:57:15
Because if you are able to get a court order to get a DNA test, then why not just get the court order?
0:57:23
It seems simpler, right, from the way that I'm looking at it with my untrained eye is that the NYPD is saying, I don't feel like going to court to get this because I'm not sure if this person did something or not.
0:57:35
I'm just gonna collect it and I'm gonna see if it you know if when I put it in the database it's a hit.
0:57:41
If it isn't you know, which to me is just when it relates to young people, that bothers me.
0:57:50
We had a case here as a matter of fact I was looking at it from and I interestingly enough it happened in my district where we had a 22 year old that was riding around with a 17 year old and I guess that there was a the police stopped them and they both ran out of the car, but they collected the the kids DNA.
0:58:09
His mother why
Tiffany Cabán
0:58:10
am I on the clock?
Diana I. Ayala
0:58:11
His mother the deputy speaker cannot be on the clock.
0:58:15
His mother was came was called, she came to the priest and she was there and they never allowed her to see her son and he gave consent I guess under what he felt was like you know he was obligated to do that.
0:58:30
And the court found that that was against the state protocol.
0:58:37
Right?
0:58:37
It violated the state law.
0:58:38
So I'm just a little confused about why we need to collect this way.
Michael Gerber
0:58:45
Sure.
0:58:45
So a few things.
0:58:46
First of all, do want to say we're going to we don't have it today, but we're going to do a data poll to see if we can answer your question on the data.
0:58:52
I understand what you're asking.
0:58:53
I'm sure we can get you some data.
0:58:55
It may not be I'm to answer all your questions, but I think we can at least in part do that.
0:58:58
I think it'll be helpful.
0:59:01
Second, the case you just described, I'm not familiar with it.
0:59:04
I can't speak to that in particular, but I think as as you were observing, to the extent you have a juvenile who's being questioned, detectives are under a legal obligation to make best efforts to contact a parent or guardian.
0:59:18
To extent a parent or guardian showed up and was kept from from a juvenile, that's not supposed to happen.
0:59:23
It's not like the court recognized that and and and acted accordingly.
0:59:28
That violates the law and it violates our policy.
0:59:31
Now in terms of your question about why not always get a court order, there are times when we are not yet in a position to say we have probable cause.
0:59:41
Right?
0:59:41
So court order requires probable cause, and there are times when we don't have it yet.
0:59:47
We're investigating, and we're seeking consent or taking an abandonment sample.
0:59:54
An abandonment sample can be from the field.
0:59:56
It it can be sometimes from a station house.
1:00:01
And we're doing that because we're trying to solve the crime, and we're trying to achieve justice for victims.
1:00:11
And I I totally understand what you're saying when we're talking about taking DNA from a juvenile.
1:00:19
There is a countervailing concern, which is if you have a victim, someone who was shot shot or raped or assaulted, and we have an opportunity consistent with the law to solve that crime, potentially solve that crime.
1:00:38
It it may not work.
1:00:40
They may not have done it.
1:00:41
To your point, we we we could be wrong.
1:00:43
The per we hit the suspect.
1:00:44
It doesn't doesn't mean we're right.
1:00:46
We're not right every time.
1:00:48
But if our detectives have an opportunity to take an investigative step that might solve the case, you know, I think we gotta be really careful about about saying they can't do that.
1:01:03
Or certainly saying they can't do that in all circumstance.
1:01:05
I I do think there are countervailing considerations here.
1:01:07
There's a concern you're raising about juveniles and privacy.
1:01:11
There also are concerns about victims and justice for victims and wanting to solve cases.