The NorCal rapist was caught using a familial search of DNA.
DNA kits are becoming an increasingly popular gift, with Amazon and the retailers offering specials on these at-home kits for Cyber Monday. While many people find value in being able to send a tube of their saliva off to a company in order to learn more about their family history, there may be a dark side when it comes to civil rights and privacy.
Recently, police in Northern California used a genealogy site, GEDmatch, to find a serial rapist known as the NorCal rapist. The first attack of the NorCall rapist took place in 1991 in Rohnert Park. He allegedly assaulted at least 10 women in six northern California counties over a period of 15 years. In 2018, Sacramento Police arrested 58 year old Roy Charles Waller, charging him with 12 counts of forcible sexual assault.
The police were able to locate Waller using his DNA, which he left behind on his rape victims, by using GEDmatch. GEDmatch is a DNA and genealogical analysis tool for amateur researchers and genealogists. It is not clear whether law enforcement conducted a direct DNA search, or used a familial DNA search. In a familial DNA search, DNA collected from crime scenes can be used to find someone closely related to the suspect, and then worked backwards to find the person of interest. Familial DNA searching has become a more common tactic, used most famously in the capture of the Golden State Killer, Joseph James DeAngelo. Yet according to an experienced criminal defense lawyer San Bernardino, CA, it raises significant privacy concerns. While it may help to solve crimes, it essentially means that Americans have lost their right to privacy in their DNA if their relatives choose to submit their DNA to a database.
To date, familial DNA searches are legal in California and throughout the country. However, this may change as more suspects are arrested and defendants begin to challenge the practice. Only 12 states currently allow familial searches. California only permits the practice in major violent crimes where the public faces safety risks and where all other investigative leads have been exhausted. Given the nature of familial DNA searches, these searches only identify male relatives of male DNA samples.
If you have been charged with a crime based on a familial DNA search, a seasoned criminal defense lawyer San Bernardino, CA can advise you of your rights and options for challenging the search and any resulting actions by law enforcement. In the meantime, many attorneys advise against voluntarily purchasing and using at-home DNA kits, which have given law enforcement the ability to engage in these sorts of searches.
The Chambers Law Firm represents clients throughout Southern California, including San Bernardino and the surrounding areas, who have been charged with crimes. We offer free initial consultations, where a knowledgable criminal defense lawyer San Bernardino, CA will explain your rights and options to you. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule an appointment.
