Federal judge in Pittsburgh nixes suspect's DNA sample

PITTSBURGH (AP) — A federal judge in Pittsburgh says prosecutors can’t take a DNA sample from a criminal suspect without a warrant.

U.S. District Judge David Cercone’s ruling comes in the case of Rubin Mitchell, who is jailed on drug charges. The Justice Department in January began collecting DNA samples from arrested suspects so it can be catalogued in a national database used to solve future crimes.

Prosecutors say taking the sample didn’t violate Mitchell’s privacy, which is already limited by his arrest and incarceration. But Cercone says DNA the is to be used for investigative purposes, not identification, so prosecutors should have to provide probable cause and get a search warrant first.

Cercone ruled Friday. Unless the ruling is upheld on appeal, it applies only in western Pennsylvania.