Mandatory DNA Justified as “Special Needs” Search – A.A. v. Attorney General

Under New Jersey law, people who have been convicted of a crime or who have been adjudged delinquent on the basis of conduct that would constitute a crime were it committed by an adult, are required to submit a DNA sample for law enforcement purposes. In A.A. v. Attorney General, the Appellate Division ruled that the taking and analysis of these DNA samples constitute a search within the meaning of the 4th Amendment. The Court went on to hold that such searches are reasonable under the “special needs” exception to the warrant requirement.

The Court also ruled that there is no requirement that DNA samples be subject to expungement, as are other criminal records, after a defendant has completed his sentence.

Download a copy of A.A. v. Attorney General.

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