Your guide to NYC's public proceedings.
Q&A
Guidelines for storing DNA samples and obtaining samples from suspects
0:44:25
·
3 min
The discussion focuses on guidelines for storing DNA samples and the methods for obtaining samples from suspects who have not been arrested.
- Gerber outlines three avenues for obtaining DNA samples: court order, consent, and abandonment
- He notes that these methods are well-established under the law
- Chief Lipetri provides examples of when DNA might be collected, such as from discarded items during an investigation or from an arrested person suspected of other serious crimes
- The officials emphasize that DNA collection is targeted and used for solving serious crimes
Yusef Salaam
0:44:25
What guidelines exist relating to the storage of DNA samples collected from suspects and arrestees?
0:44:31
Are samples stored indefinitely and how does the NYPD use those samples included in the DNA database?
0:44:37
I think that might have been kind of answered a bit.
0:44:42
But what I'll follow-up with is what policies exist regarding when the when the NYPD can seek to obtain DNA samples from an individual suspected of a crime but not arrested?
Michael Gerber
0:44:55
So so again, there would be there would be really three different avenues.
0:44:59
One is a a court order.
0:45:01
Right?
0:45:02
One is consent, and then one is abandonment.
0:45:07
And those are all I I will say those are all three avenues well established under the law.
0:45:11
There's case law about sort of the showing for a court order.
0:45:15
There's case law about, you know, what constitutes valid consent.
0:45:18
There's case law about what constitutes abandonment.
0:45:21
But those are really the three options.
Yusef Salaam
0:45:27
So in what circumstances would the department seek to obtain a judicial warrant to collect a DNA sample?
0:45:34
And when would the NYPD seek to obtain a DNA sample via an individual consenting to provide such a sample to the department collecting the sample surreptitiously?
Michael LiPetri
0:45:53
As far as getting DNA from a suspect?
0:45:57
I'm sorry, I just want to make sure I understand the question.
0:46:01
Yes.
0:46:02
Okay, so I can give you many examples, but I'll give you one example.
0:46:08
During a Well, the I
Yusef Salaam
0:46:13
just want to add the clarifying point of suspected of, but not arrested.
Michael LiPetri
0:46:18
Right.
0:46:19
So there's like I said, there are many examples, but I'll start with this.
0:46:23
During a course of an investigation by our detective bureau for a serious crime, Video shows that suspect at the time discarding a water bottle, a cigarette, whatever it might be.
0:46:40
That would hopefully be collected by our sharp detectors and then ultimately checked for, you know against our DNA database.
0:46:51
So that's an example.
0:46:53
Another example is somebody arrested for a serious crime, a gun arrest, and that person is also suspected of other serious crimes.
0:47:03
Whether it be shots fired, whether it be a shooting incident, and that person does not have DNA on file.
0:47:11
It is opportunity to get an abandonment sample when that person is arrested though suspected in other serious crimes to help us solve ultimately that case to get probable cause.