3 ms·
No. SFPD only stopped the practice (of reporting rape kit matches) after SF DA refused to prosecute this one particular case and it came to light that SFPD was
by 082dafd775eda 4y ago
No. SFPD only stopped the practice (of reporting rape kit matches) after SF DA refused to prosecute this one particular case and it came to light that SFPD was actually doing this. Considering SFPD routinely checked DNA against rape kits for over 7 years, it's possible this was used in other cases.
"Boudin read the police department’s lab report, which said that “during a routine search of the SFPD Crime Lab Forensic Biology Unit Internal Quality Database, a match was detected and verified. Direct comparisons with the samples listed below were performed,” listing the 2016 rape kit sample.
The language suggested that the practice was routine and not an isolated incident, Boudin said, and the head of the crime lab confirmed to his office that such searches are done regularly." [1]
"The scope of how many victims or volunteers may have had their DNA queried by the department's crime lab and matched to unknown suspect DNA to solve a criminal case over the last seven years is unknown." ... "other California DAs told [Boudin] that their crime labs have also admitted to maintaining a database that includes DNA profiles from sexual assault survivors." [2]
So I don't think it's fair to claim "SFPD stopped the practice pretty much immediately" and "Everyone seems to have acknowledged that this was wrong" when clearly the SFPD and possibly other PDs have been doing this for years.
1. https://www.washingtonpost.com/nation/2022/02/14/san-francisco-police-rape-kit-dna/ https://www.washingtonpost.com/nation/2022/02/14/san-francis...
2. https://www.usatoday.com/story/news/nation/2022/02/23/san-francisco-police-rape-kit-dna-controversy/6854467001/ https://www.usatoday.com/story/news/nation/2022/02/23/san-fr...
- retcore 4y agoHere's a 2019 California appeal decision that on the most simple face of it would have invalidated convictions based on non consenting collection of DNA. In this particular case the appellant unfortunately for his fortune subsequently voluntarily provided DNA samples. Whether this could theoretically be overturned on lawful search grounds for procedure and investigation leading to arrest is my speculative question. California v. Marquez: https://law.justia.com/cases/california/court-of-appeal/2019/g048762.html https://law.justia.com/cases/california/court-of-appeal/2019...