Brief filed: 05/17/2024
Documents
Downs v. State of Alaska
Alaska Court of Appeals; Case No. A-14068
Argument(s)
The trial court’s decision misapplies well-settled Fourth Amendment law in a way that would erode constitutional protections concerning an individual’s sensitive, information-rich DNA. DNA is literally the most personal information that exists—it reveals innumerable sensitive facts about a person, including their familial relationships, congenital health conditions, potential struggles with depression and substance abuse, and propensity for developing everything from dyslexia to schizophrenia. In holding that petitioner had no expectation of privacy in his own DNA data, the trial court placed form over substance, and ignored the staggering implications of its holding on individual privacy.
Author(s)
Jahna M. Lindemuth, Cashion Gilmore & Lindemuth, Anchorage, AK; Collin P. Wedel and Christine T. Karaoglanian, Sidley Austin LLP, Los Angeles, CA; Robin E. Wechkin, Sidley Austin LLP, Issaquah, WA
