New York’s progressive chief judge joins with conservatives to … – City & State
When he took the bench, New York Court of Appeals Chief Judge Rowan Wilson was welcomed as a breath of fresh air by progressive lawmakers and activists. That perception may be challenged now that hes joined with the courts conservatives to affirm law enforcements ability to search DNA databanks for the relatives of criminals.
Last week, the court voted 4-3 to allow law enforcement to do the searches, with judges Michael Garcia, Madeline Singas and Anthony Cannataro concurring with Wilsons majority opinion. Two of the courts more liberal judges Jenny Rivera and Caitlin Halligan recused themselves from the case and were replaced by Stephen Lindley and Michael Lynch. Lindley wrote the dissenting opinion, which Lynch and Shirley Troutman joined.
The case was brought by Terrence Stevens and Benjamin Joseph, two siblings with family members who have gone through the criminal court system. They filed suit in 2018 against the state Division of Criminal Justice Services, its executive director Michael Green and the New York State Commission on Forensic Science. The brothers accused the commission of exceeding its power under state law by giving itself the right to crawl genealogy records to find links to suspects.
These individuals (related to people convicted of crimes) are subjected to scrutiny by law enforcement for no other reason other than the possibility that their genes are similar to those of a Databanked Individual, the 2018 suit said.
DNA evidence has been a tool in criminal cases in the U.S. since 1986 New York created its own DNA database in 1996 but in recent years police have been able to rely on ancestry-tracking services to find suspects.
Wilson's opinion said that the state legislature granted the Commission on Forensic Science the right to make changes to policy when it created it.
On the merits, this appeal presents two straightforward questions: (A) does the legislature have the power to delegate rulemaking authority over familial DNA searches to the Commission; and (B) did the legislature do so, he wrote. The Court unanimously agrees that the legislature has that power; the disagreement is whether the Databank Act granted the Commission the authority to promulgate the (Familial DNA Search) Regulations. We hold that it did so.
David Siffert, the legal director of the Surveillance Technology Oversight Project and an organizer with the progressive court reform group The Court New York Deserves, said that Wilson was caught between preserving the privacy rights of New Yorkers and preserving the power of state agencies.
I think he got it wrong, Siffert said of Wilsons opinion that the Commission on Forensic Science had the authority to allow familial DNA searches. He said that he agreed with the dissenting opinion, which argued that the commission only had the power to regulate full DNA matches, not the partial matches that occur when law enforcement searches for family members with similar DNA. But Siffert, an outspoken supporter of Wilsons nomination, also said that he doesnt think one case should decide the efficacy of a judges work.
He also noted that Fourth Amendment privacy rights werent mentioned in either Wilsons majority opinion or the dissent, even though allowing law enforcement to crawl DNA databases obviously puts peoples genetic privacy at stake. The case focused entirely on whether or not the state Legislature had given the Commission on Forensic Science the authority to regulate DNA searches, without even considering whether those searches would violate the Fourth Amendment which Siffert said was a sign of the general failure of our courts to uphold the Fourth Amendment.
The Court of Appeals decision could prompt the state Legislature to step in to pass a law prohibiting law enforcement from searching DNA databases for potential familial DNA matches. State Senate Judiciary Committee Chair Brad Hoylman-Sigal told City & State that the decision calls for clarification by the legislature.
Hoylman-Sigal, a supporter of Wilsons appointment to the Court of Appeals, said that DNA is an emerging technology and legislation hasnt adapted to its advances. He also called for the NYPDs DNA database which is separate from the states DNA database to be shut down. Only one database should exist, overseen by the state, he said
The Manhattan lawmaker added that while it was important to balance privacy concerns with the needs of victims and their families, people shouldnt be routinely treated as suspects.
Antony Haynes, director of cybersecurity & data privacy at Albany Law School, said that law enforcements use of DNA searches can reinforce racial bias.
Since black and brown communities are overpoliced, police databases are more likely to contain their DNA. Allowing police to use family DNA may end up supercharging surveillance of communities of color, sweeping in DNA from uninvolved persons, and potentially furthering racial oppression, Haynes wrote in an email. One of the basic principles of American jurisprudence is to avoid unjustly harming the innocent. Because familial DNA testing targets innocent siblings, parents and children, such use appears to be contrary to this presumption, and would seem to violate the rights to genetic privacy, due process, and equal treatment under New York law.
The decision from New Yorks highest court will have ramifications for the future of policing and privacy in New York. While it may become easier to find criminals and crack cold cases, New Yorkers' genetic information will be increasingly accessible even if theyve never been arrested. Like Hoylman-Sigal, Haynes said that the expanded use of DNA searches by law enforcement was ultimately a balancing act.
For example, in California, law enforcement secretly accessed genetic data from private companies and found the Golden State Killer through family members DNA, he said. On the law and order front, it's wonderful because weve caught a serial killer, but on the privacy front, its terrible because the family members did not really consent to this use. There's a difficult balancing act between the desire to promote law and order and the need to preserve privacy and freedom.
Link:
New York's progressive chief judge joins with conservatives to ... - City & State
- Does the Fourth Amendment protect smartphone users? - Lewiston Morning Tribune - October 12th, 2024 [October 12th, 2024]
- The Fourth Amendment shouldn't stop once you get up to drone level: Albert Fox Cahn - Fox Business - September 21st, 2024 [September 21st, 2024]
- The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence -... - September 21st, 2024 [September 21st, 2024]
- Gujarat's Proposes Fourth Amendment To Net Metering Regulations For Rooftop Solar Systems Up To 100 KW - SolarQuarter - July 26th, 2024 [July 26th, 2024]
- Nearly 96% of Private Property Is Open to Warrantless Searches, New Study Estimates - Reason - March 15th, 2024 [March 15th, 2024]
- Heres what to do (and not do) if you get pulled over in California. What are my rights? - Yahoo Movies Canada - December 12th, 2023 [December 12th, 2023]
- FBI Seized $86 Million From People Not Suspected Crimes. A Federal Court Will Decide if That's Legal. - Reason - December 12th, 2023 [December 12th, 2023]
- Digital justice: Supreme Court increasingly confronts law and the internet - Washington Times - December 12th, 2023 [December 12th, 2023]
- MCHS goes on lockout after weapons found on campus - Mineral County Independent-News - November 19th, 2023 [November 19th, 2023]
- Cops Stormed Into a Seattle Woman's Home. It Was the Wrong ... - Reason - November 19th, 2023 [November 19th, 2023]
- Ron Wyden, U.S. Senator from Oregon The Presidential Prayer ... - The Presidential Prayer Team - November 19th, 2023 [November 19th, 2023]
- Bill Maher Slams Critics of the West Amid Israel Conflict: Marginalized People Live Better Today Because of Western Ideals (Video) - Yahoo... - November 5th, 2023 [November 5th, 2023]
- Surveillance authority change could harm ability to stop attacks, FBI ... - Roll Call - November 5th, 2023 [November 5th, 2023]
- Should domestic abusers have gun rights? | On Point - WBUR News - November 5th, 2023 [November 5th, 2023]
- The Biden administrations latest executive order calls for a ... - R Street - November 5th, 2023 [November 5th, 2023]
- DPS Presents Purple Hearts, Medal of Valor and Other Prestigious ... - the Texas Department of Public Safety - November 5th, 2023 [November 5th, 2023]
- Senators Katie Britt and John Kennedy Call for Investigation into ... - Calhoun County Journal - October 15th, 2023 [October 15th, 2023]
- Trump and Section 3 of the Fourteenth Amendment: An Exploration ... - JURIST - October 15th, 2023 [October 15th, 2023]
- Expert Q&A with David Aaron on FISA Section 702 Reauthorization ... - Just Security - October 15th, 2023 [October 15th, 2023]
- A Constitution the Government Evades - Tenth Amendment Center - October 15th, 2023 [October 15th, 2023]
- Imagine If Feds Hunted More Real Terrorists, Not Conservatives - The Federalist - October 15th, 2023 [October 15th, 2023]
- Lake Orion Voters Could Decide Removing TIF Funding for ... - Oakland County Times - August 24th, 2023 [August 24th, 2023]
- A marriage of convenience: Why the pushback against a key spy program could cave in on progressives - Yahoo News - August 24th, 2023 [August 24th, 2023]
- Iowa Public Information Board accepts one complaint against ... - KMAland - August 24th, 2023 [August 24th, 2023]
- Burleigh County weighs OHV ordinance to crack down on reckless ... - Bismarck Tribune - August 8th, 2023 [August 8th, 2023]
- AI targets turnstile jumpers to fight fare evasion, but experts warn of ... - 1330 WFIN - August 8th, 2023 [August 8th, 2023]
- As of July 1, police won't be able to stop people for smell of cannabis - The Baltimore Banner - May 20th, 2023 [May 20th, 2023]
- Baby Ninth Amendments Part V: Real Life, Potpourri, and the Big ... - Reason - May 20th, 2023 [May 20th, 2023]
- COA affirms SVF firearm conviction, finds stop and search by police ... - Indiana Lawyer - May 20th, 2023 [May 20th, 2023]
- BARINGS BDC, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - May 20th, 2023 [May 20th, 2023]
- Column: : Justice, tyrants and the mob (5/19/23) - McCook Daily Gazette - May 20th, 2023 [May 20th, 2023]
- Alabama appeals court reverses murder conviction of Ala. officer ... - Police News - May 20th, 2023 [May 20th, 2023]
- Oakland narrows town manager search to five | West Orange Times ... - West Orange Times & SouthWest Orange Observer - May 20th, 2023 [May 20th, 2023]
- The Durham Report Is Right About the Need for More FBI Oversight - Reason - May 20th, 2023 [May 20th, 2023]
- Hashtag Trending May 19- U.S. government use invasive AI to track refugees; OpenAI releases iOS ChatGPT app; Microsoft bets on nuclear fusion - IT... - May 20th, 2023 [May 20th, 2023]
- Collective knowledge doctrine applies to a traffic stop - Police News - May 18th, 2023 [May 18th, 2023]
- Privacy and civil rights groups warn against rapidly growing mass ... - TechSpot - May 18th, 2023 [May 18th, 2023]
- There Is No Defensive Search Exception to the Fourth Amendment ... - Center for Democracy and Technology - May 8th, 2023 [May 8th, 2023]
- Napolitano: Does government believe in the Constitution ... - The Winchester Star - May 8th, 2023 [May 8th, 2023]
- Constitution might as well be abandoned if amendments are not ... - Washington Times - May 8th, 2023 [May 8th, 2023]
- One police officer opens a car door, and another looks inside. Did ... - SCOTUSblog - May 8th, 2023 [May 8th, 2023]
- Biden retains option of invoking 14th Amendment to avoid default - Geo News - May 8th, 2023 [May 8th, 2023]
- North Carolina Legislature Pushing Bill That Would Allow Cops To ... - Techdirt - May 8th, 2023 [May 8th, 2023]
- Letter: Threat to our freedom | Opinion | news-journal.com - Longview News-Journal - May 8th, 2023 [May 8th, 2023]
- Parents file lawsuit alleging civil rights violations after children were ... - The Boston Globe - May 8th, 2023 [May 8th, 2023]
- Nevada moves to strengthen protections around use of sexual ... - This Is Reno - May 8th, 2023 [May 8th, 2023]
- Feds rethink warrantless search stats and oh look, a huge drop in numbers - The Register - May 8th, 2023 [May 8th, 2023]
- Its literally cost me everything. Missouri man gets jail time in Capitol riot case - Yahoo News - May 8th, 2023 [May 8th, 2023]
- Board Member Rallies to Student Who Vandalized LGBTQ Posters - FlaglerLive.com - May 8th, 2023 [May 8th, 2023]
- 4th Circuit upholds $730K award to Black Secret Service agent - Virginia Lawyers Weekly - April 19th, 2023 [April 19th, 2023]
- Suspected drug dealer who used alias to rent condo wins reversal in ... - Indiana Lawyer - April 19th, 2023 [April 19th, 2023]
- Do Priests Have a Right to Privacy? - Commonweal - April 19th, 2023 [April 19th, 2023]
- This Deceptive ICE Tactic Violates the Fourth Amendment - ACLU - April 13th, 2023 [April 13th, 2023]
- LDF Appeals Grant of Qualified Immunity in Case Involving Invasive ... - NAACP Legal Defense and Educational Fund - April 13th, 2023 [April 13th, 2023]
- Livestreaming police stop constitutionally protected - North Carolina Lawyers Weekly - April 13th, 2023 [April 13th, 2023]
- F.B.I. Feared Lawmaker Was Target of Foreign Intelligence Operation - The New York Times - April 13th, 2023 [April 13th, 2023]
- Houston police officer who opened fire in Family Dollar parking lot also shot Mario Watts in separate 2021 incident, HPD confirms - KTRK-TV - April 13th, 2023 [April 13th, 2023]
- Jayland Walker: What's legal and what's illegal during protests - Akron Beacon Journal - April 13th, 2023 [April 13th, 2023]
- IMPD officers indicted for death of Herman Whitfield III - WISH TV Indianapolis, IN - April 13th, 2023 [April 13th, 2023]
- You can support Second Amendment and want gun reform, too ... - Straight Arrow News - April 13th, 2023 [April 13th, 2023]
- Does the five-second rule apply to extending a traffic stop to permit a ... - Police News - April 13th, 2023 [April 13th, 2023]
- Charlotte moves to dismiss lawsuit from man injured during 2020 ... - Carolina Journal - April 13th, 2023 [April 13th, 2023]
- TRAVEL & LEISURE CO. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance... - April 11th, 2023 [April 11th, 2023]
- Socialism and the Equal Sharing of Misery | Business ... - The Weekly Journal - April 11th, 2023 [April 11th, 2023]
- Top 10 Court Cases That Changed the U.S. Justice System - Listverse - April 11th, 2023 [April 11th, 2023]
- A new look at the lives of ultra-Orthodox Jews: Shtetl.org provides ... - New York Daily News - April 11th, 2023 [April 11th, 2023]
- VERISK ANALYTICS, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance... - April 11th, 2023 [April 11th, 2023]
- Power Of Arrest In India, USA And UK - BW Legal World - April 11th, 2023 [April 11th, 2023]
- Jalil Muntaqim: The time to end prison slavery is now - The Real News Network - April 11th, 2023 [April 11th, 2023]
- Race and the Fourth Amendment: Defendants Raise Issue in ... - Law.com - April 9th, 2023 [April 9th, 2023]
- Why Founding Fathers passed the Third Amendment to the ... - Tennessean - April 9th, 2023 [April 9th, 2023]
- The journey of the Constitution - Pakistan Observer - April 9th, 2023 [April 9th, 2023]
- Former MPD officer sued - McMinnville - Southern Standard - April 9th, 2023 [April 9th, 2023]
- No, the RESTRICT Act wouldnt give the government access to data from your home devices - WCNC.com - April 9th, 2023 [April 9th, 2023]
- Analysis: How Strict Enforcement of Strict Gun Laws Begets ... - The Reload - April 9th, 2023 [April 9th, 2023]
- New York Court Rules Due Process Must be Considered for 'Red ... - National Shooting Sports Foundation - April 9th, 2023 [April 9th, 2023]
- Opinion: Democracy can't exist without "legal technicalities" - The Connecticut Mirror - April 9th, 2023 [April 9th, 2023]
- Commentary: Police and District Attorneys Dont Want to Give Up ... - The Peoples Vanguard of Davis - April 9th, 2023 [April 9th, 2023]
- POLICE AND COURT BRIEFS: Rural Retreat man facing charges in ... - Southwest Virginia Today - April 9th, 2023 [April 9th, 2023]
- Llano Co. to appeal order to return books - The Highlander - April 9th, 2023 [April 9th, 2023]