Class-action lawsuit targets NYPD practice of secretly collecting DNA

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Class-action lawsuit targets NYPD practice of secretly collecting DNA
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A copy of the NYPD Detective Guide gives instructions on how to secretly collect the DNA of possible suspects, according to a class-action federal lawsuit, and the guide neither mandates nor recommends consent.

Video of an NYPD officer collecting a New Yorker's DNA from a water bottle at a local precinct.Video of an NYPD officer collecting a New Yorker's DNA from a water bottle at a local precinct.It is a classic practice memorialized in countless television cop dramas: an enterprising detective offers a cigarette or soda to a suspect in a police interrogation room.

“If the NYPD wanted to search someone’s cell phone, if they wanted to search your home, they would have to get a warrant or court order to do so,” Desgranges said. “But here, they’re getting this ability to effectively search your genetic material perpetually without any authorization from a court, and without any knowledge of the person whose DNA is being taken.”

The NYPD defended the practice as being in the service of justice to accurately identify perpetrators, build cases for investigators, and “bring closure to victims and their families,” according to Sgt. Edward Riley, an NYPD spokesman who commented to Gothamist via email on Monday. But that water bottle was how her DNA was collected, her attorneys said. Ultimately, her DNA was compared with DNA on the weapon. Without a match, she was exonerated and all charges were dismissed, according to the lawsuit.“I’m an innocent person,” she said. “My DNA shouldn’t have to be there.”

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