FDC Legal & Ethical Issues in DNA 2

Question 1

Under the Fourth Amendment, when is a warrantless collection of a DNA sample from a suspect generally permissible?

Accepted Answer

During a lawful arrest for a serious offense under statutes like Maryland v. King

Answer

The Supreme Court in Maryland v. King (2013) held that DNA cheek swabs of arrestees for serious offenses are reasonable searches under the Fourth Amendment.

Question 2

What ethical principle requires that DNA donors fully understand the risks and scope of how their genetic information will be used before consenting?

Accepted Answer

Informed consent

Answer

Informed consent requires that individuals receive complete and comprehensible information about research or testing purposes, risks, and data use before agreeing to participate.

Question 3

Which federal law specifically governs the privacy of individually identifiable health information, including genetic test results held by covered healthcare entities?

Accepted Answer

Health Insurance Portability and Accountability Act (HIPAA)

Answer

HIPAA's Privacy Rule protects individually identifiable health information, including genetic test results, held by covered entities such as healthcare providers and insurers.

Question 4

A forensic analyst discovers that a DNA profile from a crime scene matches an innocent relative of the actual perpetrator through familial searching. What is the primary ethical concern?

Accepted Answer

Privacy intrusion into individuals who are not suspects

Answer

Familial DNA searching implicates the privacy of biological relatives who have committed no crime and may not consent to being identified as investigative leads.

Question 5

Which of the following best describes the legal concept of 'abandonment' as it applies to DNA evidence collection?

Accepted Answer

DNA left on discarded items in public spaces may be collected without a warrant

Answer

Courts have held that DNA on discarded items (e.g., a cup or cigarette butt left in a public place) is abandoned property and may be collected by law enforcement without a warrant.

(FDC) Forensic DNA Certification Practice Test

(FDC) Forensic DNA Certification Practice Test

FDC Legal & Ethical Issues in DNA 2