Police Used a Baby’s DNA to Investigate Its Father for a Crime

According to the New Jersey lawsuit, police had reopened an investigation into a cold case and had used genetics to place the suspect within a single family. Police didn't have probable cause to get a search warrant for any of them They requested a blood sample from the newborn screening lab.

According to the analysis of the genetic information, the baby's father was the person police were looking for. Police sought a warrant for a cheek sample from the father in order to establish probable cause in the investigation. Police found a match to the crime scene DNA after analyzing his genetic material.

The Office of the New Jersey Public Defenders, which is representing the father, believes that combining newborn screening samples with genetic genealogy opens the door for anyone to be used in a criminal investigation. This is not normal. We find new violations of privacy every time we peel back another layer.

The New Jersey Department of Health is being sued. Nancy said they don't comment on pending litigation. She didn't respond to the request to comment on the policies regarding newborn screening samples.

The New Jersey State Police wouldn't comment on pending litigation when contacted. The New Jersey Office of the Attorney General has no comment.

The Golden State Killer was identified using genetic genealogy. It has been used by US law enforcement agencies to solve hundreds of violent crime cases. The technique gives police access to DNA databases that they wouldn't normally be able to access.

The FBI maintains the Combined DNA Index System, or Codis, which was the main database until recently. There are strict rules for what kind of profiles can be submitted, including those of people who have been arrested or convicted of a felony. Anyone can take a consumer DNA test and upload their genetic profile to genealogy websites.

Natalie Ram is a law professor at the University of Maryland. She says that in the post Golden State Killer world, law enforcement is looking around and seeking to identify suspects using genetic samples or genetic data outside of the official law enforcement repository.