Is the Michigan State Police really concerned about your DNA / biometric privacy?
Here’s what they say on their website
The Michigan State Police (MSP) is committed to protecting the privacy of your potentially personally identifiable data (PPID) in a strong and meaningful manner. Our privacy policy is designed to inform both members of the public and our employees about the PPID information we collect, how we use it, how we maintain it in our systems, under what circumstances you may access or correct your own information, and what we may disclose to others.
Biometric Identification Information
MSP may collect and use your biometric Information, including (but not limited to): fingerprint images, palm print images, iris images, digital images captured during your arrest or booking, and descriptive data associated with all images, identifying marks, scars, amputations, and tattoos, for identification and investigative purposes.
It may also require submission of biometric information for employment purposes. This information is protected, retained, and used in compliance with the Bureau of Criminal Identification and Records Act, Act 289 of 1925. This act also allows for data sharing between interstate, national, and international systems for criminal identification purposes.
Biometric Information may also be submitted voluntarily for specific programs, such as for identification of individuals with special health care needs, per the Fingerprinting Residents of this State Act, MCL 28.274.
DNA identification profile information may be collected, analyzed, indexed, and retained by MSP, as specified in the DNA Identification Profiling System Act, Act 250 of 1990. This act allows DNA profiles to be used for law enforcement identification purposes or to assist in the recovery or identification of human remains or missing persons. If personal identifiers are removed, it may also be used or shared for academic, research, statistical analysis, or protocol development purposes.
The following notice will be given to all individuals who provide a DNA sample (MSP FORM BID-016):
At the time a DNA sample is taken, please be advised:
(a) That, except as otherwise provided by law, your DNA sample or DNA profile, or both, shall be destroyed or expunged, as appropriate, if the charge for which the sample was obtained has been dismissed or resulted in acquittal, or no charge was filed within the limitations period.
(b) That your DNA sample or profile, or both, will not be destroyed or expunged, as appropriate, if MSP determines you are otherwise obligated to submit a sample or if it is evidence relating to another individual that would otherwise be retained under MCL 28.176.
(c) That the burden is on the arresting law enforcement agency and the prosecution to request the destruction or expunction of a DNA sample or profile as required under MCL 28.176, not on you.
Here’s what we say
Don’t talk to the police before, during or after your Miranda rights have been read without a lawyer present. If you do limit your information because what you say locks you into what you said. Just because you are not under arrest or being detained does not mean what you say will not be used against you.
Here is some information to review.
Don’t worry, a copy of your DNA has not been sent off to the Government Mountain Storage Facility for permanant storage out of view, or has it?
Legal Counsel and Your Rights
When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.
An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.
Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.
Contact Komorn Law PLLC if you’re ready to fight and win.
Research us and then call us.
More Rights You Should Know
![Facial Recognition and Wrongful Arrests](https://komornlaw.com/wp-content/uploads/2024/07/Facial-Recognition-False-Identification.jpg)
Facial Recognition and Wrongful Arrests
Facial RecognitionHow Technology Can Lead to Mistaken-Identity Arrests Facial recognition technology has become increasingly prevalent in law enforcement, but its use raises critical questions about civil liberties and accuracy. One landmark case sheds light on the...
![Forfeiture Law: SCOTUS and Sixth Circuit Issue Landmark Rulings](https://komornlaw.com/wp-content/uploads/2024/07/Cops-taking-your-money-1.jpg)
Forfeiture Law: SCOTUS and Sixth Circuit Issue Landmark Rulings
Forfeiture Law in Focus: SCOTUS and Sixth Circuit Issue Landmark RulingsThe landscape of forfeiture law has been significantly shaped by recent decisions from the U.S. Supreme Court and the Sixth Circuit Court of Appeals. These rulings, in the cases of United States v...
Other Articles
SCOTUS: No separate hearing required when police seize cars loaned to drivers accused of drug crimes
SCOTUS: When police seize cars loaned to drivers accused of drug crimes it does not necessitate a separate preliminary hearing.The U.S. Supreme Court has ruled against two women who loaned their cars to others arrested for drug crimes while using the vehicles, leading...
Traffic FAQs-Golf Carts-Mini Motorcycles-ATVs-Electric Scooters
Traffic FAQs - Golf Carts - Mini Motorcycles - ATVs - Electric Scooters Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us. Question: We recently got “Bird” scooters (electric...
School district says marijuana-related incidents on the rise
School district reports an increase in marijuana-related incidents at schools and calls on leaders to take action.The Detroit Public Schools Community District has observed a substantial rise in the use of marijuana edibles and vape pens within schools. In light of...
A Victory for Cannabis Farming as Agriculture in Michigan
A Victory for Cannabis Farming as Agriculture in MichiganIn a landmark case that underscores the evolving landscape of cannabis regulation and taxation in agricultural contexts, HRP Cassopolis, LLC v LaGrange Township Assessor in Cass County, Michigan, has set a...
The Legal Significance of Marijuana Reclassification
The Impact of Marijuana Reclassification on Legal LandscapeOn May 6, 2024, the DEA made a groundbreaking decision, accepting the US Department of Health and Human Services' recommendation to reclassify marijuana from Schedule I to Schedule III controlled substance....
Traffic Laws FAQs – Speed and Speed Limits
Michigan Traffic FAQs - Speed/Speed Limits Know the laws before you make the call. Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. Question: My Uncle has a country place that no one knows...
Traffic Laws FAQs – Cellphones
Michigan Traffic FAQs - Cellphones Know the laws before you make the call. Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. Cell Phones Note: These are from the Traffic FAQs - For this subject...
Traffic Laws FAQs – Equipment & Lighting Violations
Michigan Traffic FAQs - Equipment and Lighting Know the laws before you install extra equipment on your vehicle. Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. Equipment & Lighting...