Thursday, November 1, 2012

You have no standing to object to the State’s use of your lawfully obtained DNA profile to solve other crimes (11 1 12)

Dajuan Emerson was accused of rape in 2005, and the State lawfully obtained a DNA sample from him. The State made a "DNA profile" from the sample and put it into the Combined DNA Index System (or CODIS). Emerson was acquitted of the rape, but Emerson never tried to have his DNA profile expunged. Later Emerson’s DNA profile was used to tie him to a 2007 homicide. He was convicted of the homicide after his motion to suppress the DNA evidence was overruled. The OSC decided Emerson had no reasonable expectation of privacy in the DNA profile kept and used by the State. The OSC said it was akin to the retention and use of a fingerprint database. State v. Emerson, Slip Opinion No. 2012-Ohio-5047.

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