Nevada Supreme Court upholds genetic testing

Tuesday, March 14, 2000 | 8:57 a.m.

Nevada's DNA testing law had focused mainly on sex offenders, who experts say are prone to be repeat offenders. But the law was amended in 1999 to include burglars - another group of felons who often commit the same crime over and over again.

Among those was Melvin Taylor Gaines, who was convicted of one gambling cheating charge and then arrested for two burglaries.

A Clark County district judge sorted out his sentences on the various crimes and ordered that Gaines' DNA be tested and recorded in case he decides to commit more such crimes when he's eventually released.

Gaines appealed, saying the DNA test violated his rights. He said that even a convicted person has rights that can't be ignored for purposes of the genetic marker testing law - assisting authorities in solving future crimes.

His lawyers argued a warrant and probable cause should always be required to draw blood unless there are circumstances such as medical emergencies requiring immediate testing.

While the Nevada court agreed that involuntary collection of blood samples from someone accused of a crime constitutes a warrantless search and seizure, it cited U.S. Supreme Court rulings that also say someone already convicted of a crime "has a diminished expectation of privacy."

The court ruled testing of Gaines for DNA markers was constitutional because "a convicted person has no fundamental right to be free from DNA genetic marker testing."