Police May Not Need a Warrant to Rummage Through Your Trash, But Warrantless Collection of DNA Is Unconstitutional
By Jennifer Lynch,
Electronic Frontier Foundation
| 03. 11. 2020
This week, we filed an amicus brief in a South Dakota case arguing that the Fourth Amendment prohibits the police from surreptitiously collecting our DNA without a warrant. This case is one of the first to challenge the collection of DNA from a free person after results of a genetic genealogy database search linked her to a crime.
In the case, prosecutors have charged Teresa Bentaas, a lifelong Sioux Falls resident, with first degree murder for abandoning a newborn 39 years ago. To link Ms. Bentaas to the baby, police secretly collected her DNA from items they found in her trash, extracted and sequenced it, and then compared it to the baby’s. Ms. Bentaas was not under arrest or in police custody at the time they collected and searched her DNA, so, unlike an arrestee, there can be no argument her Fourth Amendment rights were in any way “diminished.”
Ms. Bentaas’s attorneys have filed a motion to suppress the DNA evidence and all evidence collected by the police after that, arguing this secret and warrantless rummaging and data...
Related Articles
By Ryan Cross, Endpoints News | 03.24.2026
Cathy Tie has an audacity more typical of a tech startup founder than a biotech executive. She dropped out of college to start a genetic screening company and later founded a telemedicine startup. The 29-year-old has been on two Forbes...
By Rowan Walrath and Laurel Oldach, Chemical & Engineering News | 03.04.2026
Washington, DC—At a press conference held at the US Department of Health and Human Services headquarters on Feb. 23, two doctors from the University of Pennsylvania and Children’s Hospital of Philadelphia spoke about their hope for the future of...
By Jason Liebowitz, The New Yorker | 03.06.2026
When Talaya Reid was in high school, in a quiet suburb of Philadelphia, she developed fatigue so severe that she spent afternoons napping instead of going out with friends. She was lethargic at school and her grades suffered, but after...
By Scott Solomon, The MIT Press Reader | 02.12.2026
Chris Mason is a man in a hurry.
“Sometimes walking from the subway to the lab takes too long, so I’ll start running,” he told me over breakfast at a bistro near his home in Brooklyn on a crisp...