Legal Challenge to NYPD DNA Database Moves to Appeals Court

A high-stakes legal battle over the NYPD’s genetic surveillance practices has entered a new phase as civil rights organizations filed briefs challenging the constitutionality of the department’s 'suspect index.' The database, which reportedly holds more than 34,000 DNA profiles, is the subject of an appeal led by Shakira Leslie, a New Yorker whose genetic material was collected by police despite her never being indicted for a crime.

Leslie, who was initially arrested while in a vehicle where an illegal firearm was discovered, had her DNA collected from a drinking cup provided while she was in custody. Although all charges against her were eventually dismissed, her profile remains in the NYPD’s possession. In 2022, she initiated a lawsuit against the city, arguing that the warrantless collection and indefinite storage of such data violate both state law and the Fourth Amendment.

In March 2026, U.S. District Judge Naomi Reice Buchwald ruled in favor of the NYPD, citing the Supreme Court’s *Maryland v. King* decision, which allows for DNA collection from arrestees in certain circumstances. However, the New York Civil Liberties Union (NYCLU), the American Civil Liberties Union (ACLU), and the Cato Institute filed an amicus brief last week arguing that the district court’s reliance on that precedent is misplaced. The groups contend that the NYPD’s index lacks the specific statutory authorization and regulatory oversight required by the Supreme Court’s ruling.

Beyond the legal framework, the NYCLU brief raises concerns regarding the nature of the data itself. While the city maintains that its system is modeled after the FBI’s and does not reveal medical or physical traits, the NYCLU cited research suggesting that the collected DNA could potentially expose sensitive information, including predispositions to medical conditions like epilepsy or schizophrenia.

'This is the first case in which this court must confront the constitutionality of the collection, search, and indexing of DNA not authorized or regulated by any statute,' the NYCLU and ACLU wrote in their filing. The organizations argue that the current practice constitutes a 'rogue genetic database' that unfairly targets individuals who have not been convicted of any offense.

The city is expected to submit its own brief in response to the appeal this October. The NYPD did not provide a comment regarding the latest filings prior to publication.