Oren Kerr
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The federal government is allowed to take the DNA of people it arrests.
In fact, a Homeland Security spokesperson told NPR that federal law enforcement is required to collect samples from anyone they arrest.
But Oren Kerr, a law professor at Stanford University, says the fear is, what happens if a federal officer arrests someone for something they are legally free to do, like peacefully protesting?
Kerr says it's unclear whether or how someone could get those records erased in that scenario.
It's also unclear where the DNA samples of protesters are ending up or how they'll be used.
DHS did not respond to NPR's questions about that.
The federal government is allowed to take the DNA of people it arrests.
In fact, a Homeland Security spokesperson told NPR that federal law enforcement is required to collect samples from anyone they arrest.
But Oren Kerr, a law professor at Stanford University, says the fear is, what happens if a federal officer arrests someone for something they are legally free to do, like peacefully protesting?
Kerr says it's unclear whether or how someone could get those records erased in that scenario.
It's also unclear where the DNA samples of protesters are ending up or how they'll be used.
DHS did not respond to NPR's questions about that.
You're listening to NPR News from Washington.
Well, first of all, thanks for having me on the show. As you mentioned, a big, big fan, longtime listener. So happy to be here. Well, we can only speculate. We don't know, obviously. But I think there are a couple possible clues or a couple possible reasons. One might be that the good faith exception has expanded so far.
Well, first of all, thanks for having me on the show. As you mentioned, a big, big fan, longtime listener. So happy to be here. Well, we can only speculate. We don't know, obviously. But I think there are a couple possible clues or a couple possible reasons. One might be that the good faith exception has expanded so far.
You actually don't have that many merits rulings on big Fourth Amendment issues in the courts of appeals anymore. So I follow published courts of appeals opinions in the Fourth Amendment space. There actually aren't that many. And any really notable ruling is going to be followed by a backup ruling that says, oh, and by the way, the good faith exception applies. There's really no remedy here. So –