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 Stephanie Pappas, LiveScience | 01.15.2026
Genetic variants believed to cause blindness in nearly everyone who carries them actually lead to vision loss less than 30% of the time, new research finds.
The study challenges the concept of Mendelian diseases, or diseases and disorders attributed to...
By David Cox, Wired | 01.05.2026
As he addressed an audience of virologists from China, Australia, and Singapore at October’s Pandemic Research Alliance Symposium, Wei Zhao introduced an eye-catching idea.
The gene-editing technology Crispr is best known for delivering groundbreaking new therapies for rare diseases, tweaking...
By Josie Ensor, The Times | 12.09.2025
A fertility start-up that promises to screen embryos to give would-be parents their “best baby” has come under fire for a “misuse of science”.
Nucleus Genomics describes its mission as “IVF for genetic optimisation”, offering advanced embryo testing that allows...
By Hannah Devlin, The Guardian | 12.06.2025
Couples undergoing IVF in the UK are exploiting an apparent legal loophole to rank their embryos based on genetic predictions of IQ, height and health, the Guardian has learned.
The controversial screening technique, which scores embryos based on their DNA...