When a DNA match ... isn't

Wired reports on a case that should worry us all.

The three men who showed up at Michael Usry’s door last December were unfailingly polite. They told him they were cops investigating a hit-and-run that had occurred a few blocks away, near New Orleans City Park, and they invited Usry to accompany them to a police station so he could answer some questions. Certain that he hadn’t committed any crime, the 36-year-old filmmaker agreed to make the trip.

The situation got weird in the car. As they drove, the cops prodded Usry for details of a 1998 trip he’d taken to Rexburg, Idaho, where two of his sisters later attended college—a detail they’d gleaned by studying his Facebook page. “They were like, ‘We know high school kids do some crazy things—were you drinking? Did you meet anybody?’” Usry recalls. The grilling continued downtown until one of the three men—an FBI agent—told Usry he wanted to swab the inside of Usry’s cheek but wouldn’t explain his reason for doing so, though he emphasized that their warrant meant Usry could not refuse.

The bewildered Usry soon learned that he was a suspect in the 1996 murder of an Idaho Falls teenager named Angie Dodge. Though a man had been convicted of that crime after giving an iffy confession, his DNA didn’t match what was found at the crime scene. Detectives had focused on Usry after running a familial DNA search, a technique that allows investigators to identify suspects who don’t have DNA in a law enforcement database but whose close relatives have had their genetic profiles cataloged. In Usry’s case the crime scene DNA bore numerous similarities to that of Usry’s father, who years earlier had donated a DNA sample to a genealogy project through his Mormon church in Mississippi. That project’s database was later purchased by Ancestry, which made it publicly searchable—a decision that didn’t take into account the possibility that cops might someday use it to hunt for genetic leads.

Usry, whose story was first reported in The New Orleans Advocate, was finally cleared after a nerve-racking 33-day wait—the DNA extracted from his cheek cells didn’t match that of Dodge’s killer, whom detectives still seek. But the fact that he fell under suspicion in the first place is the latest sign that it’s time to set ground rules for familial DNA searching, before misuse of the imperfect technology starts ruining lives.

. . .

... familial DNA searches can generate more noise than signal. “Anyone who knows the science understands that there’s a high rate of false positives,” says Erin Murphy, a New York University law professor ... The searches, after all, look for DNA profiles that are similar to the perpetrator’s but by no means identical, a scattershot approach that yields many fruitless leads, and for limited benefit. In the United Kingdom, a 2014 study found that just 17 percent of familial DNA searches “resulted in the identification of a relative of the true offender.”

There's more at the link.

What's most worrying about this is that no search warrant was needed to access the familial DNA database.  The police used that warrantless search to get a search warrant that authorized them to take a DNA sample from Mr. Usry.  In other words, a criminal warrant was issued on the basis of incorrect information.

I suspect most of my readers have enough problems with Big Brother, without being willing to tolerate even more overreach by law enforcement.  We need to tighten up our legal system to prevent this sort of thing, otherwise we're going to be ground under by faceless bureaucrats and their databases that simply don't care about things like civil rights and liberties.

Peter