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State DNA sampling law is constitutional, rules New Jersey Supreme Court.(State v. O'Hagen New Jersey Supreme Court)
Byline: Lawyers USA Staff
A state law requiring anyone convicted of a crime to provide a DNA sample for a law enforcement database does not violate the Fourth Amendment, the New Jersey Supreme Court has ruled.
In a companion case, the court held that test results obtained pursuant to the DNA law may be used to solve crimes committed prior to the taking of the test.
'Special needs' exception
In the first case, the defendant was ordered to provide a DNA sample after pleading guilty to possession of drugs. New Jersey state law authorizes the taking of DNA samples from all adult and juvenile offenders convicted of or found not guilty by reason of insanity of any crime.
The defendant argued that the DNA sampling statute violated both the U.S. and New Jersey Constitutions because it authorized searches in the absence of a warrant or probable cause.
But the court disagreed.
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