Maughan & Maughan attorney argues to protect your privacy interest in the information found in your DNA.

Carl Maughan of Maughan & Maughan LC appeared before the Kansas Court of Appeals today to argue a case of apparent first impressions. The issues that consumed the oral arguments was whether an individual may have a continuing privacy interest in their DNA regardless of whether a DNA sample had previously been lawfully obtained from the individual.

DNA databases are constantly being compiled by the State and Federal governments. The DNA samples are generally obtained through search warrants in individual cases or through statutory requirements that convicted felons provide samples to the government.

Given the vast amount of private and intensely personal information that could be found through the searching of an individual's genetic code, we argued that each individual search of the DNA sample to find comparisons with a suspected genetic materials should be treated as an individual search. Accordingly such searches should only be conducted after a neutral and detached magistrate has determined that there is probable cause to believe that there is probable cause to believe that a search of the individual's DNA for genetic markers that match a suspect sample will provide evidence of a crime.

We argued that DNA should be treated in the same way the courts treat the search of computer hard drives. Specifically, a search warrant issued to allow the seizure of a computer and the search of the hard drive for evidence of a drug crime, does not allow the government to open file folders which may provide evidence of a sex crime unless a new warrant is issued based upon probable cause to believe the extended search would reveal evidence of such a crime.

As the science improves and we learn more and more about the information contained within the human genome, the possibility of the government using DNA databases to access personal and private information about the individuals who's DNA samples are maintained in the database grows.

Failure to protect the privacy of the information contained in the DNA of citizens by requiring that the government obtain a search warrant before they scan through the information contained therein places our most private and personal information at risk for governmental intrusions, inspection and dissemination.

We, as human beings have a privacy interest in the information contained in our genetic material. That privacy interest is worth defending. The attorneys of Maughan & Maughan have risen to the challenge.