San Diego Criminal Lawyers Blog
Peaceful protest: Americans have been fighting for their communities through it of late, often reaping the wrath of ICE agents or other officials. That’s okay—we all know that the constitutional right to protest and speak out is one of the most powerful ways to hold our government accountable, even if officials do not love it. But something disturbing is happening to some protestors across multiple states in a reaction to their decision to protest: their DNA is being collected by federal officials. Customs and Border Patrol is routinely arresting people and getting their DNA, regardless of the charges against those protesters. According to a Supreme Court ruling, it is completely legal, but only when related to violent criminal arrests across the country, including after being arrested for a felony in California.
A Serious Concern
There are two issues related to DNA collection in this context. The first is that many, if not most, of the protestors who have had their DNA collected have not been involved in violent criminal activity. The second is that DNA is a very unique and personal thing that contains enormously personal information about a person and their family. It’s more invasive than an identifying fingerprint because DNA tells so much more about a person, and it can be collected, saved, or shared with no transparency. What are the consequences of such a policy?
For Example…
Dana Briggs, a retired Air Force veteran, attended a protest demonstration near a detention center in Chicago last September. He’d been an activist for years, believing that Homeland Security’s actions were a problem. He’d served his country to protect citizens’ rights, after all. He never could have imagined that he would be pushed to the ground, then swarmed by federal agents, and later arrested and handcuffed to his hospital bed while being treated for his injuries. Upon release from the hospital, Briggs was moved to a federal facility, where he was read his rights, photographed, and fingerprinted. Then came the surprising part: a cotton swab that collected DNA from a cheek swab. (Refusing to comply would result in yet more charges.) Since then, warrantless and excessive intrusion into his body. He claims that the government’s tactics are a threat to public protests and a clear message that anyone who speaks out against the government, along with their relatives, could potentially be monitored in the future.
Chilling Reaction
It’s reasonable to suppose that when people know their DNA may be collected and added to a federal surveillance database just because they participated in a demonstration, many will think twice before participating in a protest. It is an unsettling government rejoinder to citizens simply exercising their rights under the Constitution.
Protecting Your Rights
The experienced and qualified criminal defense attorneys at Boertje & Associates are committed to protecting your rights. To discuss your concerns following an arrest, schedule a confidential consultation in our San Diego office today.