This comment will argue that when the state seeks to deprive a person of his or her DNA, greater constitutional protections than are currently afforded dragnets must be provided. Part I will discuss the unique properties of DNA, the information contained therein and why it should be constitutionally protected. Part II will briefly trace the history of DNA dragnets, including the practical and procedural uses in worldwide criminal investigations. Part III will explore current law and commentary regarding Fourth Amendment privacy interests in one’s DNA. Part IV will argue that DNA constitutes personal property, and finally, Part V will show how recognition of property rights in DNA implicates Due Process under the Fourteenth Amendment to such an extent that the process currently used in DNA dragnets is constitutionally inadequate.
65 U. Pitt. L. Rev. 129 (2003).