Inside the NYPD: Officers to Collect Samples If ‘DNA Owed’ Comes Up During Database Search

A Special From The G-Man Investigation

By Gary Glennell Toms

From The G-Man has learned that back in October of 2019, an NYPD training sergeant informed his officers that in January of 2020 they will begin collecting DNA samples from people who allegedly committed infractions, which would  require their names be run through a database. If “DNA Owed” comes up during the search, prisoners will be required to submit a sample. If they refuse, they will be charged with Obstructing Governmental Administration, 2nd Degree, in addition to the violation(s) that led to their arrest.

From The G-Man recently reviewed New York City Police Department (NYCPD) Interim Order PG 208-72 (Obtaining Prisoner DNA Sample), which was issued on January 1 by NYPD Commissioner Dermot Shea. It can be viewed on pages 174 through 177 of the NYCPD Public Patrol Guide. According to the directive, “When a prisoner is being processed for a Desk Appearance Ticket (DAT) and it is discovered that the prisoner is required to submit a DNA sample, the attempt to obtain the sample will be conducted at the command of arrest. In addition, if a prisoner is being processed as an online arrest and it is discovered that the prisoner is required to submit a DNA sample, the attempt to obtain the sample will be conducted at the borough Court Section.” In other words, sample collection is done solely at the command or the court working in conjunction with the NYPD.

Additionally, in 2019, officers were instructed to watch a special training video on their NYPD-issued iPhones on how to collect and secure the sample. The Evidence and Property Control Bureau (EPCB) was solely responsible for collecting the samples, but that is no longer the case. The NYPD has not provided hands-on training on the collection of DNA samples at any of its precincts, and it is not clear as to whether officers have undergone or are undergoing training at its academy. From The G-Man was unsuccessful in its effort to obtain or review the video because it can only be accessed through NYPD.org. However, From The G-Man spoke with NYPD officers from various precincts who confirmed the existence of the video, which was said to range from 10 to 15 minutes in duration. One officer expressed concern over the lack of hands-on training. “Hundreds of officers will now be entrusted with obtaining and handling DNA samples when many of them can barely fill out a ‘61’(complaint report) without making  serious errors,” said the officer.

From The G-Man presented the following scenario to one of the officers.

“A person commits a felony assault and is taken into custody. The person's name is run through the database and he or she pops. The person is told they must submit a sample or be subject to arrest. The person responds, ‘I demand to see the search results or I will not comply!’ Does the person have a right to review the results of the search?” “No,” said the officer. “I’m not required to show them anything. I would basically tell that person that I’m just carrying out my duties as a member of law enforcement and that they could address that issue with their attorney.”  

In the wake of reports that NYPD officer Justin D'Amicoat falsified a police report in the Eric Garner case, and the fact that several officers were arrested or terminated in 2019 for criminality and violating their oath to protect and serve, another NYPD member told From The G-Man that elected officials and the general public should be extremely concerned about the new policy. “When you consider the fact that professionals who are responsible for collecting DNA samples require certification, there are some major questions that need to be answered. For example, why are the samples being sent through department mail? Why isn't the department conducting hands-on training instead of telling an officer to simply watch a video on his or her phone?,” said the officer. "If an officer was recently charged with falsifying a police report, and others have been arrested or terminated for criminal acts, imagine what someone with bad intentions will do with a DNA sample." A federal law enforcement official who spoke with From The G-Man agreed. “The procedure for collecting the sample, to a point, appears sound. I have a major issue with the samples being transferred through department mail, said the agent.” “For me, that’s a chain of custody issue, and that’s significant. If samples will be sent through department mail, how many people will be in possession of it before it reaches its destination? Will each person handling the samples be required to log into a computer or sign something indicating they possessed the samples? In my view, the NYPD should’ve provided a lot more information on this part of the process in its interim order.”  

From The G-Man placed several calls and submitted an email to the NYPD’s Deputy Commissioner of Public Information (DCPI) office to obtain detailed information and pose a series of questions on the newly-imposed DNA collection policy. To date, there has been no response.