LTC 424-2017 Police Department Rapid DNA Pilot ProjectMIA/01BEACH
OFFICE OF THE CITY MANAGER
NO. LTC#
424-2017
LETTER TO COMMISSION
To: Mayor Philip Levine and Members f the Cit ommission
FROM: Jimmy L. Morales, City Manager
DATE: August 15, 2017
SUBJECT: POLICE DEPARTMENT RAPT DNA PILOT PROJECT
This Letter to Commission is prepared to inform the Mayor and Commission about a
special new initiative in which the Miami Beach Police Department is partnering with the
Miami -Dade Police Department to evaluate the use of Rapid DNA technology to solve
crime.
The term "Rapid DNA" refers to the relatively new automated technology that analyzes a
biological sample and produces an identifying profile of the person's DNA in less than
two hours. Although this technology has been used successfully by U.S. military and
intelligence operatives to identify suspected enemies in conflict arenas for several years,
instrument -produced Rapid DNA profiles are not yet recognized as evidence for criminal
prosecutions in American courts.
American law enforcement must still rely today on a laboratory scientist's test of a DNA
sample. DNA laboratory testing is so time consuming -- often taking months due to
backlogs -- and so costly that police departments across the country request such
analysis on only a small percentage of cases. The MBPD's DNA analysis is performed
by the Miami -Dade Police Department's Forensic Services Bureau. This Crime Lab must
perform the DNA analysis for 35 police agencies in a county with 2.7 million residents
and significant crime. As such, our Department and every other law enforcement agency
in the county must limit and prioritize such requests.
Accurate Rapid DNA testing is inevitable in the future of American criminal justice.
However, the technology first must be proven to work effectively for police crime scene
technicians in the field and for detectives who investigate unsolved crimes. Today at the
"Rapid DNA Technology Forum," a national conference of forensic scientists and DNA
technology experts being held in Alexandria, Va., Chief Oates is jointly presenting
MBPD's new "Rapid DNA Crime Scene Initiative" with the Miami -Dade Police
Department's lead forensic scientist, Bureau Commander Stephanie Stoiloff. They are
announcing that the Miami -Dade Crime Lab and the MBPD's crime scene technicians
are engaged in a new initiative to study Rapid DNA as a crime scene tool. Their goal is
to explore when Rapid DNA can expedite the identification of suspects, not just in the
most urgent and violent cases, such as a homicide, but in much more routine and
common property crimes such as thefts and auto burglaries.
Last month, Chief Oates and Commander Stoiloff hosted a two-day conference with the
lead forensic experts from the FBI's Biometric Analysis Section — its top experts on DNA
— as well as the Director of Forensic Services from the FDLE. As a result of that meeting,
a partnership between Miami Beach Police Department and Miami-Dade's forensic
experts was established to evaluate, over the next six months to one year, the efficacy of
using a state-of-the-art Rapid DNA instrument to produce profiles of suspects from crime
scene evidence. Key to this study is the commitment of the Miami -Dade Crime Lab to
promptly confirm, by independent laboratory testing by live scientists, the results MBPD
obtains from the Rapid DNA instrument. The FBI will be kept apprised of the progress of
this Initiative and has agreed to advise us as we proceed forward.
The stated goals of this Initiative are for the participating agencies to work together to
explore what should be the appropriate best practices and protocols for future work by
law enforcement in the arena of Rapid DNA field testing. Specifically, the partners in this
Initiative are seeking to:
1. Establish mutual expectations for a police department's forensic team to
properly use Rapid DNA technology;
2. Establish mutual expectations and protocols for how evidence is collected for
and processed by a Rapid DNA instrument, and how results are analyzed and
reasonably interpreted;
3. Establish mutual expectations for the acceptable performance of the Rapid
DNA instrument itself; and
4. Establish mutual expectations and protocols for a police department to use a
Rapid DNA profile obtained from crime scene evidence when to do so may be
helpful in a criminal investigation.
Since April, the MBPD has been field testing one of the leading Rapid DNA instruments
on the market, the ANDE 6C Rapid DNA Analysis System. The Department has secured
at no cost for the next year the use of this instrument for this pilot program. The Miami
Beach Police Department is the only police agency in the country being permitted to fully
field test this particular instrument in this manner.
In just two recent examples illustrating the potential of this technology, MBPD crime
scene technicians achieved the following successes with the ANDE 6C instrument: 1)
The instrument matched the DNA on a recovered handgun from a Memorial Day
Weekend shooting to the shooting suspect; and 2) the instrument matched the DNA on
the gearshift of a car used in a hit-and-run vehicular homicide to the driver suspect. In
both cases, these suspects had already been arrested based on independent evidence
when these Rapid DNA matches were completed.
The use of this Rapid DNA instrument for crime scene field work by police technicians as
contemplated by MBPD is entirely new. For this reason, developing protocols with the
assistance of experts from the FBI, FDLE and Miami -Dade is a critical goal of the project.
Toward that end, the MBPD has drafted an internal policy (attached) that carefully limits
use of this new technology within our Department. It requires confirmation by
independent testing at the Miami -Dade Crime Lab of any finding by the ANDE 6C Rapid
DNA Analysis System.
All scientific evidence produced in court during this Initiative will be obtained,
safeguarded, processed and analyzed in the same manner as before, through traditional
analysis by the Miami -Dade Crime Lab. For the purposes of the prosecution of crimes
and courtroom -admissible evidence, nothing will change during this Initiative. Chief
Oates has briefed the State Attorney about the Initiative. They are in agreement that as
this project moves forward and data is accumulated, the State Attorney's Office will
provide its input and expectations as to how best to integrate this technology into the
criminal prosecution process.
Our Department expects that as its use of the Rapid DNA instrument becomes known
among colleague police departments in Miami -Dade County, there will be requests by
some agencies to have select DNA evidence analyzed as well. Provided these agencies
agree to follow MBPD's and Miami-Dade's protocols for evidence collection and analysis,
our Department expects to have the capacity to honor these requests and to include the
results in the Initiative's findings.
Based on the early use of the Rapid DNA instrument, the Department is confident that
even during this pilot program, the instrument will aid in our crime -reduction efforts.
Detective supervisors have already used the technology in the past three months to
eliminate suspects and to avoid wasting investigative resources on false leads. This kind
of efficiency in use of resources is an additional attractive benefit of this technology.
Any questions you may have regarding further details of the program can be directed to
Chief Oates and the MBPD's forensic team. The Department will be prepared to brief the
Commission at its request as this Initiative proceeds.
JLM:DJO:tr
MIAMSEACH
POLICE
PURPOSE: To provide guidance and oversight for the collection, processing and use of
test results of DNA samples analyzed during this Initiative that is being
undertaken in partnership with the FBI, the Miami -Dade Police Department
and the Florida Department of Law Enforcement (FDLE) involving the use of
the ANDE 6C Rapid DNA Analysis System.
SCOPE: This General Order (GO) applies to all employees of the Department.
POLICY: During this Initiative, the Department will collect crime scene evidence
samples that may contain DNA and analyze these samples with the intent to
produce accurate DNA profiles for use in criminal investigations. The
Department will use the ANDE 6C Rapid DNA Analysis System to test the
effectiveness of the instrument and to explore establishing best law
enforcement practices regarding this new technology. The Department will
partner with and cooperate fully with the FBI Biometrics Analysis Section,
the Miami -Dade Police Department Forensic Sciences Bureau and the
FDLE in this Initiative.
DEFINITIONS:
ANDE 6C RAPID DNA ANALYSIS SYSTEM - The ANDE Rapid DNA Analysis System is
a rapid DNA system that enables non-technical operators to process crime scene and
reference samples in under two hours.
BUCCAL SWAB - is a way to collect DNA from the cells on the inside of a person's
cheek.
CODIS - means the Federal Bureau of Investigation's Combined DNA Index System that
allows the storage and exchange of DNA records submitted by federal, state, and local
forensic DNA laboratories.
DNA - means deoxyribonucleic acid. DNA is located in the cells and provides an
individual's personal genetic blueprint. DNA encodes genetic information that is the basis
of human heredity and forensic identification.
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GENERAL ORDER
GO #17-07
RAPID DNA CRIME SCENE INITIATIVE
CALEA Standard(s): 83.2.7 a,d
PURPOSE: To provide guidance and oversight for the collection, processing and use of
test results of DNA samples analyzed during this Initiative that is being
undertaken in partnership with the FBI, the Miami -Dade Police Department
and the Florida Department of Law Enforcement (FDLE) involving the use of
the ANDE 6C Rapid DNA Analysis System.
SCOPE: This General Order (GO) applies to all employees of the Department.
POLICY: During this Initiative, the Department will collect crime scene evidence
samples that may contain DNA and analyze these samples with the intent to
produce accurate DNA profiles for use in criminal investigations. The
Department will use the ANDE 6C Rapid DNA Analysis System to test the
effectiveness of the instrument and to explore establishing best law
enforcement practices regarding this new technology. The Department will
partner with and cooperate fully with the FBI Biometrics Analysis Section,
the Miami -Dade Police Department Forensic Sciences Bureau and the
FDLE in this Initiative.
DEFINITIONS:
ANDE 6C RAPID DNA ANALYSIS SYSTEM - The ANDE Rapid DNA Analysis System is
a rapid DNA system that enables non-technical operators to process crime scene and
reference samples in under two hours.
BUCCAL SWAB - is a way to collect DNA from the cells on the inside of a person's
cheek.
CODIS - means the Federal Bureau of Investigation's Combined DNA Index System that
allows the storage and exchange of DNA records submitted by federal, state, and local
forensic DNA laboratories.
DNA - means deoxyribonucleic acid. DNA is located in the cells and provides an
individual's personal genetic blueprint. DNA encodes genetic information that is the basis
of human heredity and forensic identification.
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Revised Date: Page 1 of 4 ppLICE
DNA RECORD - means all information associated with the collection and analysis of a
person's DNA sample, including the distinguishing characteristics collectively referred to
as a DNA profile.
DNA SAMPLE - means a buccal or other approved biological specimen capable of
undergoing DNA analysis.
RAPID DNA - describes the fully automated process of developing a DNA profile from a
reference sample buccal swab or other approved DNA collection technique using
automated extraction, amplification, separation, detection and allele calling without human
intervention.
REFERENCE SAMPLE - means a sample taken from a known source.
PROCEDURE:
General
A. The Department will collect DNA samples from crime scenes for analysis by
the ANDE 6C Rapid DNA Analysis System when the Department's Crime
Scene Technicians determine such testing is appropriate and beneficial
under this Initiative. Such collection will be pursuant to Department policies
and procedures regarding evidence collection and associated best
practices.
B. During this Initiative, the Department will engage in a collaborative effort
with the FBI Biometrics Analysis Section, the Miami -Dade Police
Department Forensic Services Bureau and the FDLE to develop protocols
for the Department's Crime Scene Technicians to:
Use an ANDE 6C Rapid DNA Analysis System to analyze crime
scene samples;
2. Produce accurate DNA profiles for submission to the Miami -Dade
Crime Laboratory for confirmation of the ANDE 6C Rapid DNA
Analysis System results and subsequent entry into the State's DNA
database and to CODIS; and
3. Use the results of the ANDE 6C Rapid DNA Analysis System to
obtain investigative leads in criminal investigations.
DNA Sample Collection
A. The Department's Rapid DNA Crime Scene Initiative may involve DNA
samples obtained from the following types of biological specimens:
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Crime scene samples;
2. Samples lawfully obtained during the course of a criminal
investigation;
3. Samples from deceased victims or suspects that were lawfully
obtained during the course of a criminal investigation;
4. Samples from unidentified human remains; and
5. Samples voluntarily submitted by individuals, with signed consent, to
Crime Scene Technicians.
B. Primary DNA samples collected from crime scenes and/or other evidence
and all other original sources will be collected and maintained by the
Department pursuant to criteria established by the FDLE. These samples
will be preserved and submitted to the Miami -Dade Police Department
Forensic Sciences Bureau as all other similar evidence is handled in the
regular course of business.
C. Only secondary DNA samples, when available, will be processed at the
discretion of the Department's Crime Scene Technicians through the ANDE
6C Rapid DNA Analysis System.
III. DNA Sample Submission
A. At a minimum, the following information must be included with each
submission to the Miami -Dade Crime Laboratory:
The qualifying offender's last name, first name, date of birth, race,
gender, and State Identification (SID) number if known;
2. The statute number of each offense charged;
3. The collecting agency's name and address; and
4. The name and telephone number of the person performing the
collection of the DNA sample or witnessing the collection of the
sample.
B. Secondary DNA sample results produced by the ANDE 6C Rapid DNA
Analysis System will be stored in an external computer that is password
protected. Access to this software, known as Federated ANDE Information
Retrieval Services (FAIRS), is limited to authorized Miami Beach Police
Department Crime Scene Technicians.
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C. Identifiers for this stored information in FAIRS are limited to the person's
initials and Department case number.
D. Crime Scene Units from other law enforcement agencies in Miami -Dade
County may participate in this Initiative provided all evidence collection
protocols, all samples analyzed, all results and all records relating to the use
of the ANDE 6C Rapid DNA Analysis System are handled as provided in
this General Order.
IV. DNA Analysis
The analyses of DNA samples collected during this Initiative will be used only for
law enforcement identification purposes or to assist in the recovery or identification
of human remains or missing persons and cannot be used for identification of any
medical or genetic condition.
V. DNA Results Dissemination
A. The results of analysis by the ANDE 6C Rapid DNA Analysis System will be
released, when appropriate, only to criminal justice agencies as defined in
Florida Statute 943.045. Such information is confidential and exempt from
Florida Statute 119.07(1) and section 24(a), Article I of the State
Constitution.
B. As partners in this Initiative, scientists and technicians for the ANDE
Corporation who are evaluating this Initiative will be permitted access to the
results of the ANDE 6C Rapid DNA Analysis System but not to the identities
of person's whose DNA is analyzed.
C. Investigators, Crime Scene Technicians and ANDE Corporation scientists
and technicians are prohibited from releasing any Rapid DNA analysis
results during this Initiative.
D. All results of any testing with the ANDE 6C Rapid DNA Analysis System will
be released only with the permission of the Chief of Police or Deputy Chief.
DJO/jcp/pjp
APPROVED BY:
Daniel J. Oates
Chief of Police
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