More DNA Samples, More Debate

[question everything]

SANTA ANA, Calif.—Law-enforcement agencies in many places routinely take DNA samples from people convicted of murder and other violent crimes. But here in Orange County, officials also are taking samples from people charged with minor offenses such as shoplifting and drug possession, in exchange for agreeing to dismiss the charges or as part of plea deals. The practice of taking the cheek-swab samples is voluntary, which partially sidesteps a national controversy over when law enforcement can require DNA samples. But it also has raised the ire of civil-rights advocates, who say the practice is coercive.

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Last year, an Orange County man submitted a DNA sample as part of a plea deal after he was arrested for drunken driving. Raul Moreno-Perez's sample was entered into the database, where it matched DNA found in connection with a rape case that had remained unsolved for more than 10 years. Mr. Moreno-Perez was charged with rape and kidnapping and is awaiting trial; his defense attorney didn't respond to a request for comment.

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Jennifer Friedman, a public defender in Los Angeles County, said she believes there is a "coercive element" at play in the way that Orange County prosecutors agree to drop charges in exchange for DNA. "There's a real fear that, 'If I don't give a sample, I am going to be investigated,' " Ms. Friedman said. "It's hard to convince someone to not take a dismissal in return for just giving a little saliva."

Debate has raged for years over whether law enforcement should be allowed to collect DNA from people who are arrested but not convicted of serious crimes. That question sharply divided the U.S. Supreme Court earlier this year when it found in favor of the state of Maryland, which calls for DNA collection from people arrested and charged with violent crimes. A similar California law is being challenged before the Ninth U.S. Circuit Court of Appeals. In California, more than 1.4 million DNA profiles have been collected—far more than in any other state.

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The efforts are troubling to some defense lawyers and civil-liberties groups, who say DNA collection interferes with individual privacy. "By having DNA in this database, you become a potential suspect in any crime where DNA evidence is recovered," said Michael Risher, a lawyer with the American Civil Liberties Union who is representing a group challenging California's DNA-collection law. Jacqueline Goodman, a defense attorney in Orange County, said the prospect of going to court is "frightening" to many of her clients. Some have professional licenses that they don't want to place in jeopardy. Others are undocumented immigrants and are worried that they could get in more serious trouble.

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