Rights groups eye DNA samples on arrest

WASHINGTON, May 1 (UPI) -- U.S. rights groups are challenging the growing practice of posting DNA samples into a national crime database from people who are arrested and awaiting trial.

As of March 1, state and federal databases held DNA profiles of 2.9 million people, records published on an FBI Web site show. Originally, the databases contained only DNA profiles taken from convicted felons but New Mexico and Kansas this year enacted laws that require DNA testing for all people arrested, and similar plans are under consideration in New York, New Jersey, Michigan, Illinois and Tennessee, USA Today reported.

In federal court in San Francisco, the American Civil Liberties Union is challenging California's law, claiming it allows unconstitutional searches.

Jim Harper, director of information policy studies for the Cato Institute, a libertarian think tank in Washington, agrees with the challenge.

"The relevant principle we hold to ... is innocent until proven guilty," Harper said.