About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2021 Op. N.M. Att'y Gen. 1 (2021)

handle is hein.sag/sagnm0103 and id is 1 raw text is: STATE OF NEW MEXICO
OFFICE OF THE ATTORNEY GENERAL
HECTOR H. BALDERAS
ATTORNEY GENERAL
January 25, 2021
Dr. William Watson, Chair
DNA Identification System Oversight Committee
c/o Metropolitan Forensic Science Center
5350 Second Street N.W.
Albuquerque, New Mexico 87102
Email: wwatson@cabgfgov
Re: Opinion Request - DNA Identification Act
Dear Dr. Watson,
We have completed our review of the questions submitted to us by former City of
Albuquerque Chief of Police Michael J. Geier regarding the DNA Identification Act
(hereinafter the Act), NMSA 1978, Sections 29-16-1 to -13 (1997, as amended through
2013). Specifically, Chief Geier posed three questions for our review:
1. Does the Act allow or preclude the entry of a DNA profile generated from a
deceased individual with a documented felony arrest or conviction into the New
Mexico DNA Identification System (NMDIS) for the purpose of comparison to
evidence profiles generated from unsolved criminal cases?
2. Does the Act allow or preclude searches of DNA profiles generated from criminal
cases to be compared to DNA profiles generated from reference samples in
NMDIS for the purpose of establishing potential familial matches?
3. Does the Act allow or preclude DNA profiles in NMDIS to be compared to
casework evidence profiles or suspect reference profiles generated from law
enforcement agencies using RAPID DNA analysis techniques?
Based on our examination of the relevant constitutional, statutory, and case law authorities,
as well as the information available to us at this time, and as explained in greater detail
below, we conclude that (1) law enforcement agencies may, consistent with the Act, enter
a DNA profile generated from a deceased individual with a documented felony arrest or
TOLL FREE 1-844-255-9210 TELEPHONE: (505)490-4060 FAX: (505)490-4883 www.nmag.gov
MAILING ADDRESS: P.O. DRAWER 1508 - SANTA FE, NEW MEXICO 87504-1508
STREET ADDRESS: 408 GALISTEO STREET - SANTA FE, NEW MEXICO 87501

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most