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Updated: Apr 17, 2026

Enhanced Genetic Analysis of Single Human Bioparticles Recovered by Simplified Micromanipulation from Forensic ‘Touch DNA’ Evidence
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Should arrestee DNA databases extend to misdemeanors?

Elizabeth E Joh1

  • 1U.C. Davis School of Law, 400 Mrak Hall Drive, Davis, CA 95616, USA. eejoh@ucdavis.edu.

Recent Advances in DNA & Gene Sequences
|February 12, 2015
PubMed
Summary

Expanding DNA collection to misdemeanor arrestees could increase database hits but raises significant concerns about police discretion, enforcement equity, and costs. Legislators should avoid changing arrestee DNA laws in this manner.

Area of Science:

  • Forensic Science
  • Criminal Justice
  • Bioethics

Background:

  • Compulsory DNA sampling by law enforcement in the U.S. is expanding, particularly after the Supreme Court's 2013 decision in Maryland v. King.
  • This decision upheld warrantless DNA collection from felony arrestees, leading to 29 states and the federal government having such statutes.
  • Several states are considering expanding these laws, prompting discussion on including misdemeanor arrestees.

Purpose of the Study:

  • To evaluate the potential expansion of arrestee DNA databases to include individuals arrested for misdemeanor offenses.
  • To analyze the implications of collecting DNA from misdemeanor arrestees on database size and "hit" rates.
  • To weigh the benefits against the significant concerns associated with broadening DNA collection laws.

Main Methods:

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  • Review of existing state and federal laws regarding compulsory DNA sampling from arrestees.
  • Analysis of the potential impact of including misdemeanor arrests on DNA database statistics.
  • Consideration of ethical, legal, and practical implications, including police discretion, enforcement equity, and cost-effectiveness.

Main Results:

  • Expanding DNA collection to misdemeanor arrestees would likely increase the number of samples in databases.
  • This expansion could potentially lead to a higher number of "hits" or matches in forensic investigations.
  • However, significant concerns regarding police discretion, inequitable enforcement, and substantial costs are associated with this expansion.

Conclusions:

  • While expanding DNA collection to misdemeanor arrestees may increase database utility, it presents serious ethical and practical challenges.
  • Concerns about potential misuse of police discretion and inequitable application of the law are paramount.
  • Legislators are advised against expanding current arrestee DNA laws to include misdemeanor offenses due to these significant concerns.