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People v. Redmond4/18/2005
cing test and a special needs test. Hall, 352 Ill. App. 3d at 545; Garvin, 349 Ill. App. 3d at 855. Illinois courts have favored the balancing test over the special needs approach. Foster, 354 Ill. App. 3d at 571; Edwards, 353 Ill. App. 3d at 482; Hall, 352 Ill. App. 3d at 545-46; Garvin, 349 Ill. App. 3d at 855; People v. Wealer, 264 Ill. App. 3d 6, 14 (1994).
With respect to the balancing approach, the State's interest in the search and seizure is balanced against the individual's expectation of privacy and the intrusive nature of the search. Hall, 353 Ill. App. 3d at 547; Garvin, 349 Ill. App. 3d at 855. It is beyond dispute that the State has a strong interest in deterring and prosecuting recidivist criminal acts. Hall, 353 Ill. App. 3d at 547; Garvin, 349 Ill. App. 3d at 855; In re Robert K., 336 Ill. App. 3d 867, 871 (2003); Wealer, 264 Ill. App. 3d at 16. Section 5-4-3 is closely related to this interest. Hall, 353 Ill. App. 3d at 547; Garvin, 349 Ill. App. 3d at 855; Wealer, 264 Ill. App. 3d at 17. "Mandatory DNA testing of convicted felons is a precise technological method of identifying and eliminating potential suspects." Garvin, 349 Ill. App. 3d at 855, citing Wealer, 264 Ill. App. 3d at 17. DNA identification has been compared to a fingerprint, in that both are identity markers, but DNA is more conclusive. Garvin, 349 Ill. App. 3d at 855.
As for the privacy rights of a defendant, it is well established that convicted persons, including those on probation, lose some rights to personal privacy that would otherwise be protected under the fourth amendment. Garvin, 349 Ill. App. 3d at 855. Courts have reasoned that once a person is convicted of one of the felonies enumerated in a genetic marker testing statute, his or her identity has become a matter of state interest and he or she has lost any legitimate expectation of privacy in the identifying information derived from the bodily sampling. Foster, 354 Ill. App. 3d at 571; Hall, 353 Ill. App. 3d at 547-48; Garvin, 349 Ill. App. 3d at 855.
In balancing these interests, we find that the intrusion on defendant's diminished privacy rights in providing a DNA sample under section 5-4-3 of the Code is outweighed by the State's interest in preventing recidivism, identifying offenders and solving past and future crimes. See Garvin, 349 Ill. App. 3d at 856; Hall, 352 Ill. App. 3d at 547-48; Peppers, 352 Ill. App. 3d at 1006-07; Ramos, 353 Ill. App. 3d at 153-54; Edwards, 353 Ill. App. 3d at 484; Foster, 354 Ill. App. 3d at 571. On this ground, we conclude the statute is constitutional.
For the foregoing reasons, we affirm the decision of the circuit court of Cook County.
Affirmed.
CAHILL, P.J., and O'MALLEY, J., concur.
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