Situation: A DNA sample has been used in court against you, and the evidence was suppressed due to a Miranda violation.
Can you have police remove the DNA results from all government databases as well? Can you force the government to remove your DNA from CODIS if you have proven in court that it was obtained illegally? So to avoid it being used against you in any future case.
The National Institute of Justice Journal had an article addressing this in 2009: "Debating DNA Collection".
It appears that the law that governs the FBI's Combined DNA Index System (CODIS) is 34 USC §12592, and subsection (d) of that law provides for the expungement of records as follows:
1.A.i: If the DNA data were included on the basis of a conviction, then the data must be expunged if the FBI "Director receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned...."
1.A.ii: If the data were included on the basis of an arrest, then the data must be expunged "if the Attorney General receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period."
Subsection 2.A imposes similar requirements on states "As a condition of access to the index...."
Like all expungements, in practice this typically depends on the subject (or subject's attorney) going to the effort of obtaining sufficient court orders and submitting them to the correct office.
The key issue here involves distinguishing between Miranda violations (which relate specifically to testimonial evidence or statements obtained during custodial interrogation without proper warnings) and Fourth Amendment violations (which involve unlawful searches and seizures, including improper collection of physical evidence like DNA samples).
Miranda Violations vs. Fourth Amendment Violations:
A Miranda violation typically suppresses statements or evidence directly derived from compelled statements. DNA evidence, being physical evidence, is generally considered non-testimonial. Thus, a Miranda violation alone usually does not affect the legality of collecting or retaining DNA. In contrast, if the DNA evidence was obtained via an unlawful search or seizure, meaning there was a violation of the Fourth Amendment, then you might have stronger grounds for arguing that both the sample and any derivative data (like DNA profiles stored in CODIS) should be removed from governmental databases.
Retention of DNA Samples in Databases (CODIS):
CODIS retention rules vary slightly by jurisdiction, but the U.S. Supreme Court has generally upheld that law enforcement may lawfully retain DNA profiles from legally collected samples (Maryland v. King, 2013). If your DNA was initially collected unlawfully (without consent, probable cause, a warrant, statutory authority, or under an unconstitutional statute), you may be able to argue successfully that the retention of your DNA profile violates the Fourth Amendment. Courts can order removal under these circumstances. However, if the original collection was lawful (e.g., via lawful arrest procedures or consent), and the DNA was later suppressed solely due to a procedural violation unrelated to its original legality (such as a Miranda issue involving a separate confession), you generally cannot compel removal simply because evidence was suppressed in one particular trial.
Conclusion: If the DNA suppression resulted solely from a Miranda violation, then it’s unlikely you can force removal from CODIS based solely on that suppression.
