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 Nicholas Wade, The New York Times | 04.30.2026
“J. Craig Venter” via Wikimedia Commons licensed under CC by 2.5
J. Craig Venter, a scientist and entrepreneur who raced to decode the human genome, died on Wednesday in San Diego. He was 79.
His death was announced by...
By Jonathan Basile, Los Ángeles Review of Books | 04.29.2026
WILLIAM BATESON, a foundational figure in the science of genetics at the turn of the last century, once recounted the response of a Scottish soldier to one of his public lectures: “Sir, what ye’re telling us is nothing but Scientific...
By Alex Aylward, Daniel J. Fairbanks, Maria Kiladi, and Gregory Radick , Heredity | 04.20.2026
Genetics and eugenics co-evolved at the beginning of the twentieth century and remained associated through the 1940s and beyond. Early geneticists were far from unanimous in their views on eugenics; some avidly supported the movement, whereas others openly opposed it...
By Staff, GMWatch | 03.28.2026
Following a recent podcast interview we were asked whether there is any solid scientific research looking at how gene expression or molecular composition in genetically modified (GM) plants differs from conventionally bred plants. As this is an interesting and important...