The Yale Law Journal Pocket Part: The Mismatch Between Probable Cause and Partial Matching

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Volume 118 of The Pocket Part is pleased to announce our final publication, The Mismatch Between Probable Cause and Partial Matching by Natalie Ram. Ram’s piece discusses a new rule requiring federal officials to collect and retain DNA not only from persons convicted of a federal offense, but also from those merely arrested on suspicion of being involved in a federal offense. Among its flaws, this rule exacerbates the tension between the shared nature of genetic information and the standards justifying DNA collection and retention. By linking DNA collection to probable cause, the new regulation threatens to destabilize our understandings about what constitutes probable cause and to put millions of never-arrested individuals under perpetual genetic suspicion.

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