"OLYMPIA — Suspects arrested in cases as minor as shoplifting would have to give a DNA sample before they are even charged with a crime if a controversial proposal is approved by the Legislature.
State criminal defense groups and the American Civil Liberties Union say the House bill is unconstitutional. It would mandate that police or jail staff collect DNA from all adults and juveniles arrested on suspicion of a felony or gross misdemeanor.
More than a dozen states already allow law enforcement to collect DNA from suspects before they are convicted. Three more states, including Washington, are considering such proposals this year.
“It is good technology. It solves crimes,” said Don Pierce, executive director of the Washington Association of Sheriffs and Police Chiefs, which has long pushed for DNA tests at the time of arrest. “We take fingerprints at the time of arrest, which in many ways is a lot more intrusive.”
Currently, police in Washington state collect DNA from people convicted of a felony and many misdemeanor sex-related crimes after they are sentenced. Police must get a search warrant or permission from the suspect to obtain DNA before a conviction.
The sample usually is taken by swabbing the inside of a person’s cheek.
A separate bill in the Senate also would allow for DNA collection before conviction — but only after formal charges are filed."
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