Inquiry Essay Padlet by Kendall Osegueda

Source 1

kmosegueda061 — 2025-05-15 16:09:09 UTC

This source goes into the debate between law enforcement using commercial DNA databases to solve crimes. It talks about how the "Golden State Killer" was identified using GEDmatch to find his family, and therefore find him. In that case it was a victory, however it blurred some lines on if that should actually be allowed. There are also some potential issues that could come out of using commercial databases to find people and their family members. DNA interpretation varies significantly by labs so if the government can use DNA from many different companies there is a lot of room for error. In this case error could be defined as someone being falsely accused, which is not something that should be taken lightly. There are also a lot of mistakes that can happen with DNA testing and lab technicians. Since these technicians wouldn't be technically employed by the government, there is even more room for error. Now in the time and era that we are in, those falsely accused may face deep reputational damage because of social media.

Source 1

kmosegueda061 — 2025-05-15 16:32:40 UTC

I will use this source to provide an example of when law enforcement has used commercial data bases to solve a crime in the past. It also dives into some risks that come along with law enforcement being able to do this.

Source 1

kmosegueda061 — 2025-05-15 16:35:38 UTC

Source 2

kmosegueda061 — 2025-05-15 16:58:08 UTC

This source goes into how it is unethical for the government to use commercial databases to solve crimes. It states that users may not be aware that these data bases are giving their information up. Informed consent is a big issue that people bring up with this controversy. When people submit their DNA, they are doing it with the purpose of finding out their ancestry. They don't expect the government to use it. It also talks about how law enforcement doesn't only use it to find the person who submitted their DNA guilty of a crime. They use a person's DNA to prove their family member is guilty. This has even less consent involved because the family member did not consent to this.

Source 2

kmosegueda061 — 2025-05-15 17:01:21 UTC

I will use this source to establish context about what certain terms mean. I will also use this to show the common arguments for why people believe it is unethical.

Source 2

kmosegueda061 — 2025-05-15 17:01:33 UTC

Source 3

kmosegueda061 — 2025-05-15 17:21:25 UTC

This source talks about how, law enforcement being able to use commercial DNA genetic databases is beneficial to criminal justice. It can lead to a lack of privacy for citizens. It states: "the lack of privacy protections could undermine public trust, open the door for misuse, and ultimately harm citizens’ autonomy." This is an issue. We live in a country that values individual freedoms and this goes against that.

Source 3

kmosegueda061 — 2025-05-15 17:23:30 UTC

This source adds further context into what is wrong with the government having access to commercial genetic databases. I will use this with the quote that I provided in my description.

Source 3

kmosegueda061 — 2025-05-15 17:24:04 UTC

Source 4

kmosegueda061 — 2025-05-15 17:42:04 UTC

This source goes really into depth about DNA and what roles DNA plays in crime scenes and just in general. It talks about the racial disparities that occur in the system. Ethnic minorities are more likely to be arrested. DNA databases often have disproportionate numbers from minorities and therefore this impacts their privacy and rights may be more at risk. Mentally ill and children are also at risk for having their DNA stored unethically. They are often arrested for minor crimes and their DNA gets stored. This source also makes an argument of if this is a good use of police resources. They claim that although, yes a lot of crimes get solved because of DNA databases, this is not a foolproof way of solving crimes. It also costs a lot of money to collect and store DNA indefinitely.

Source 4

kmosegueda061 — 2025-05-15 17:43:11 UTC

This source has a lot of good background information on DNA in general. Not just the ethical standards. I will use this source to give the importance of DNA in crime scenes.

Source 4

kmosegueda061 — 2025-05-15 17:43:38 UTC

Source 5

kmosegueda061 — 2025-05-15 18:41:40 UTC

This article goes into detail about what the police actually have access to. It states that contrary to popular belief the police doesn't just have access to a wide range of DNA. They have to submit a DNA profile of a criminal or suspect and then from there they will get matches from who is in the DNA databases. People claim that there is no doubt that police could solve more crimes with unlimited access to DNA databases but people deserve privacy. There are a few commercial DNA databases that do not allow law enforcement access to DNA unless court ordered. There are a lot of questions that come with this, as it is all fairly new and people aren't sure how to handle it. But there is no doubt that these commercial DNA databases have helped solve a lot of cold cases, that otherwise wouldn't have been solved.

Source 5

kmosegueda061 — 2025-05-15 18:42:14 UTC

I will use this source to show kind of the opposing side along with some background context.

Source 5

kmosegueda061 — 2025-05-15 18:42:35 UTC

Topic: Forensic Science

kmosegueda061 — 2025-05-15 18:44:43 UTC

Question: Is it ethical for law enforcement to be able to use DNA gathered through commercial databases to help solve crimes?

Interview Questions - I interviewed Kourtney Osegueda and this is a brief description of how she answered. I will go more into depth in my Google site.

kmosegueda061 — 2025-05-15 18:46:57 UTC

Would you mind sharing a brief description of what you do for a living?

I am an attorney in the U.S. Navy. I specifically advise Commanders who make decisions regarding service members charged with misconduct, who may potentially face trial by military court martial.
In your expert opinion, do you think it is ethical for law enforcement to use DNA collected through databases such as 23andme for purposes other than what they intended when they submitted their samples? Why or why not?

No, there was likely not informed consent at the time the person submitted their DNA to the commercial company. They would not have known that law enforcement would be using it for these purposes at a later time.
Do you think the use of those samples to connect to others they may be related to is likewise ethical? Why or why not?

Also no. This is even more problematic because the third party definitely did not give consent in this situation. That said, the DNA is also not as strongly linked so I suppose there is some reasonable doubt created at trial that may be helpful to the individual’s defense. Regardless, it creates an additional layer of concern.
Do you believe that individuals fully understand what they are consenting to when sending in DNA to these commercial companies?

No, as a indicated earlier, the disclaimer is often boilerplate language, likely not read or fully understood, and probably did not address this possiblity.
As an attorney, do you think there are any fourth amendment concerns gained by law enforcement from these databases?

Definitely. These types of endeavors seem to be mere fishing expeditions, not based on true probable cause.
How do you think the legal field should evolve to address the rapid growth of genetic data and its forensic use?

More training. Regulations. Concrete policies to address.

Student Survey

kmosegueda061 — 2025-05-15 18:58:32 UTC

I made a survey asking three questions for people to answer. The questions were:

Have you ever taken an Ancestry DNA test, such as 23andMe or GEDmatch?
Do you believe that it is ethical for law enforcement to be able to use DNA gathered through commercial databases to help solve crimes?
Did you know that law enforcement could do this before this question?