Advances in science have revolutionized crime detection, indelibly affecting Fourth Amendment jurisprudence. Forensic identification techniques are continually refined, and accordingly, the concomitant constitutional considerations continue to grow. As technological powers expand the use of deoxyribonucleic acid (DNA) evidence, society must grapple with technology’s effect on individual privacy. DNA identification is not physically invasive; therefore, an innocent person will find it increasingly difficult to demonstrate that his right to remain free from unwanted intrusions into his genetic privacy outweighs the government’s interest in collecting DNA evidence. In Commonwealth v. Draheim, the Massachusetts Supreme Judicial Court (SJC) considered which standard trial courts should use when considering a motion to compel DNA evidence in a criminal matter from someone who is not a suspect, defendant, or witness. The SJC held that a trial court must find probable cause to believe in the commission of a crime and determine whether the search will likely provide evidence that will help prove the defendant’s guilt or innocence.
In Draheim, the Commonwealth alleged that the defendant, Nina Draheim (Draheim), engaged in sexual intercourse with two teenage boys. The Commonwealth sought DNA samples from Draheim, her two children, and the two alleged victims. The test results could scientifically establish paternity, proving that the rapes occurred. . . .