From [HERE] A New York federal judge has ruled the New York Police Department (NYPD) must face a lawsuit claiming it violates the Fourth Amendment by maintaining a DNA database with no warrant.

In an order filed March 23,  U.S. District Judge Naomi Reice Buchwald said she would not strike down the class action lawsuit leveled against the police force simply because it had deleted samples from the named plaintiffs. 

The NYPD is accused of collecting suspects’ DNA  in a “Suspect Index” without their consent or a court’s approval and keeping those samples even if the person is never charged with or convicted of a crime. Those records are compared with DNA from crime scenes for multiple years, the lawsuit states.

In their March 2022 lawsuit, plaintiffs Shakira Leslie and Shamill Burgos allege the department’s DNA retention practices violate both the Fourth Amendment and a state law establishing New York’s database of such records.

The NYPD filed for the case against it to be dismissed, arguing that the lawsuit was moot as it had already deleted the plaintiffs’ DNA from the database. However the judge did not agree.

“There is no indication that defendants plan to discontinue the Suspect Index, a complex system they have built and maintained for many years,” the judge wrote in her order. 

“The Court also agrees with plaintiffs that mooting this action would allow defendants to frustrate any attempted class litigation, as they have already attempted to do here.” 

The proposed class action is still relevant to many people whose DNA the department keeps and compares to crime scene forensic evidence, she added. 

DNA was taken without notice or permission, lawsuit alleges

Leslie and Burgos were arrested by New York City police in separate incidents in 2019, they allege. Both were brought to an NYPD precinct for questioning after officers discovered a firearm in cars in which they were passengers, they say.

Despite never pressing charges, the NYPD took their DNA secretly, the lawsuit alleges. Leslie’s was allegedly taken from a cup of water and Burgos’ from a cigarette and water.

Meanwhile, the NYPD is facing another class action lawsuit alleging it illegally made the sealed arrest records of 10 New York residents public in a report that was sent to media outlets.

The plaintiffs are represented by Philip Desgranges, J. David Pollock, Paula Garcia-Salazar, Anna Blondell, Allison Durkin, Peter Laumann, Lisa Freeman and Corey Stoughton of the Legal Aid Society.

The NYPD DNA class action lawsuit is Leslie, et al. v. City of New York, et al., Case No. 1:22-cv-02305, in the U.S. District Court for the Southern District of New York.