Assume that the police suspect Anne Smith of murder and that they got DNA evidence at the crime scene that likely belongs to the killer. Law enforcement does not have adequate probable cause to obtain a search warrant to have Ms. Smith produce a DNA sample, but police know that Ms. Smith's brother does not like his sister and would gladly provide a familial DNA sample if asked. DNA samples of people who are related are likely to contain similarities. If the police obtain a DNA sample from the brother, even though they have insufficient evidence to implicate Ms. Smith, why might this procedure concern civil rights advocates?
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