Los Angeles police recently charged a 72-year-old insurance claims adjuster with the murder of two women in the 1970s and say he may have committed at least 30 rape/murders since the 1970s. Los Angeles' most prolific serial killer, Floyd Thomas, a twice-convicted sexual offender, was exposed when a sample of his DNA was taken as part of California's initiative to build a sex offender database. In and out of jail since the late-1950s for rape, sexual assault and burglary, Thomas preyed on elderly women, raping and strangling them to death.
Despite protests from privacy advocates, the FBI and 15 states -- including California -- collect DNA samples from people arrested or detained. Previously, DNA collection used to be limited to convicted felons, but there is a growing movement in law enforcement to collect DNA samples from anyone arrested, the innocent and guilty alike. Proponents argue that DNA sampling is no more invasive than fingerprinting. In fact, some law enforcement officials envision a day when a national database will hold the DNA of every citizen. They argue that DNA databases are already being used to solve crimes that have been in cold case files for years.
"DNA databases were built initially to deal with violent sexual crimes and homicides -- a very limited number of crimes," Harry Levine, City University of New York professor of sociology, recently told reporter Solomon Moore of the New York Times. "Over time, more and more crimes of decreasing severity have been added to the database."
Favoring the argument that criminal acts reduce individual rights, courts have generally upheld laws that authorize the compulsory collection of DNA. However, a congressional report warns that courts "have not fully considered the legal implications of recent extension of DNA collection." Opponents are concerned that DNA samples are being taken without relevance to the crime committed. Laws governing DNA collection vary from state to state and have allowed DNA collection for everything from serious felonies like murder and sexual assault to minor misdemeanors like shoplifting.
If you are questioned by police or arrested in Los Angeles, you need to hire a skilled and aggressive criminal defense attorney immediately to protect your rights. "The incriminating statements you make during a police investigation are powerful weapons in a prosecutor's hands," warns expert Los Angeles criminal defense attorney Stephen Rodriguez. His advice: "Do not give any statements to the police without an experienced Los Angeles criminal defense attorney at your side." Until your attorney is there to advise you, Rodriguez tells his clients, "The best strategy is to exercise your constitutional right to remain silent." Do not voluntarily submit to a DNA or any other test without your attorney's consent.
