People v. Edwards

818 N.E.2d 814, 353 Ill. App. 3d 475, 288 Ill. Dec. 879, 2004 Ill. App. LEXIS 1250
CourtAppellate Court of Illinois
DecidedOctober 15, 2004
Docket1-03-1629
StatusPublished
Cited by37 cases

This text of 818 N.E.2d 814 (People v. Edwards) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Edwards, 818 N.E.2d 814, 353 Ill. App. 3d 475, 288 Ill. Dec. 879, 2004 Ill. App. LEXIS 1250 (Ill. Ct. App. 2004).

Opinion

JUSTICE GALLAGHER

delivered the opinion of the court:

Defendant Frank Edwards was convicted of armed robbery without a firearm and vehicular invasion and sentenced to eight years in prison. On appeal, defendant questions the constitutionality of section 5 — 4—3 (a — 5) of the Unified Code of Corrections (the Code) (730 ILCS 5/5 — 4—3(a—5) (West 2002)), which requires convicted felons to submit specimens of blood to the Illinois Department of State Police for inclusion in both a state and a national DNA database. Edwards contends that this statute violates his fourth amendment right to be free from unreasonable searches and seizures. Because we find that the government’s interest in creating and maintaining a DNA database to identify felons outweighs defendant’s privacy interest, we hold that the statute does not violate defendant’s fourth amendment rights.

I. BACKGROUND

On September 19, 2002, defendant approached Angel Gonzales-Flores while the latter man’s car was stopped at a red light. At trial, Gonzales-Flores testified that defendant offered to perform sexual activity in exchange for money. Gonzales-Flores refused this offer, whereupon defendant grabbed him by the arm and brandished a knife. Upon seeing the knife, Gonzales-Flores reached for his cellular phone. Defendant subsequently reached for the victim’s phone, removed Gonzales-Flores’ keys from the car’s ignition and demanded money. Gonzales-Flores reached for his wallet and gave defendant $25. Defendant then threw back the items he took from Gonzales-Flores. Gonzales-Flores proceeded to his next jobsite, where he contacted the police. Although at trial defendant denied having a knife, a knife was recovered from him upon his arrest. A jury found defendant guilty of armed robbery without a firearm and vehicular invasion. At sentencing, the trial court informed defendant that because defendant was a convicted felon, he was required to “submit blood, skin or urine for DNA analysis.” 1

On appeal, defendant contends that the warrantless and suspicionless extraction of his blood for the DNA database violates his right to be free from unreasonable searches and seizures. Defendant asserts that blood extraction is fundamentally different from fingerprinting because it is more intrusive, and he points out that while prisoners have a reduced right to privacy, they do not forfeit all of their privacy rights. Further, defendant argues that because he is a nonviolent and nonsexual offender, his DNA is unlikely to be used to help solve any past or future crimes, and he contends that the sole objective of this statute as applied to him is to further law enforcement purposes.

II. FOUBTH AMENDMENT

Defendant contends that section 5 — 4—3(a—5) is unconstitutional because it violates his fourth amendment rights. The fourth amendment, which is applicable to the states through the fourteenth amendment, gives people the right to be free from unreasonable searches and seizures. U.S. Const., amends. IV XIV The Illinois Supreme Court has acknowledged that the fourth amendment provides the same level of protection as the search and seizure provision in article I, section 6, of the Illinois Constitution. Ill. Const. 1970, art. I, § 6; People v. Lampitok, 207 Ill. 2d 231, 240, 798 N.E.2d 91, 99 (2003). The United States Supreme Court also has held that analysis of a biological sample is a search under the fourth amendment. Skinner v. Railway Labor Executives Ass’n, 489 U.S. 602, 616, 103 L. Ed. 2d 639, 659, 109 S. Ct. 1402, 1412 (1989).

The fourth amendment requires that searches and seizures be reasonable. A search and seizure is ordinarily unreasonable if no individualized suspicion of wrongdoing exists. City of Indianapolis v. Edmond, 531 U.S. 32, 37, 148 L. Ed. 2d 333, 340, 121 S. Ct. 447, 451 (2000). However, not all warrantless searches are unreasonable. The United States Supreme Court has recognized three narrow exceptions where a search is reasonable absent individualized suspicion: limited administrative searches, certain roadblocks, and “special needs” searches. Edmond, 531 U.S. at 37, 148 L. Ed. 2d at 340, 121 S. Ct. at 451-52. Under the special needs analysis, the Supreme Court has stated that a search can still be reasonable in the absence of probable cause “ ‘when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.’ ” Vernonia School District 47J v. Acton, 515 U.S. 646, 653, 132 L. Ed. 2d 564, 574, 115 S. Ct. 2386, 2391 (1995), quoting Griffin v. Wisconsin, 483 U.S. 868, 873, 97 L. Ed. 2d 709, 717, 107 S. Ct. 3164, 3168 (1987). Acton held that the special needs employed in a public school setting justified suspicionless searches of student-athletes for drugs. Acton, 515 U.S. at 653, 132 L. Ed. 2d at 574, 115 S. Ct. at 2391. Other situations that have met the special needs test have included drug and alcohol tests for railway employees involved in train accidents and drug tests for United States customs employees seeking transfers or promotions to certain positions. Skinner, 489 U.S. at 620, 103 L. Ed. 2d at 661-62, 109 S. Ct. at 1415; National Treasury Employees Union v. Von Raab, 489 U.S. 656, 666, 103 L. Ed. 2d 685, 702, 109 S. Ct. 1384, 1391 (1989).

Warrantless and suspicionless searches for ordinary law enforcement purposes were found to violate the fourth amendment in Edmond and also in Ferguson v. City of Charleston, 532 U.S. 67, 85, 149 L. Ed. 2d 205, 221, 121 S. Ct. 1281, 1292 (2001). Edmond, 531 U.S. at 48, 148 L. Ed. 2d at 347-48, 121 S. Ct. at 458. The United States Supreme Court found that the special needs test failed in both of these cases. Ferguson, 532 U.S. at 84, 149 L. Ed. 2d 220, 121 S. Ct. at 1291-92; Edmond, 531 U.S. at 41-42, 148 L. Ed. 2d at 343, 121 S. Ct. at 454. Edmond involved the random searches of cars for drugs with a police-trained dog, which were deemed searches for ordinary criminal wrongdoing and thus held unconstitutional. Edmond, 531 U.S. at 35, 148 L. Ed. 2d at 339, 121 S. Ct. at 451. The Supreme Court likewise rejected the methods used in Ferguson, which involved the use of pregnant hospital patients’ samples to determine cocaine use; if the patient tested positive for cocaine, the patient was reported to law enforcement authorities. Ferguson, 532 U.S. at 70, 149 L. Ed. 2d at 211, 121 S. Ct. at 1284.

Case Law Addressing DNA Extraction

Numerous courts have addressed the constitutionality of DNA extraction statutes under the fourth amendment. People v. Garvin, 349 Ill. App. 3d 845, 853-54, 812 N.E.2d 773, 781 (2004) (listing statutes and cases from all 50 states).

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Cite This Page — Counsel Stack

Bluebook (online)
818 N.E.2d 814, 353 Ill. App. 3d 475, 288 Ill. Dec. 879, 2004 Ill. App. LEXIS 1250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-edwards-illappct-2004.