In re Welfare of M.L.M.

• Decision Date: 25 January 2012
• Docket Number: No. A09–0875.,A09–0875.
• Citation: 813 N.W.2d 26
• Parties: In the Matter of the WELFARE OF M.L.M.
• Court: Minnesota Supreme Court

813 N.W.2d 26

In the Matter of the WELFARE OF M.L.M.

No. A09–0875.

Supreme Court of Minnesota.

Jan. 25, 2012.

Syllabus by the Court

1. As applied to appellant, Minn.Stat. § 609.117, subd. 1(2) (2010), which requires a juvenile petitioned for a felony offense and then adjudicated delinquent of a misdemeanor arising out of the same set of circumstances to provide a DNA sample for identification purposes, does not violate the prohibitions against unreasonable searches and seizures in the U.S. and Minnesota Constitutions.

2. As applied to appellant, Minn.Stat. § 609.117, subd. 1(2), which requires a juvenile petitioned for a felony offense and then adjudicated delinquent of a misdemeanor arising out of the same set of circumstances to provide a DNA sample for identification purposes, does not violate the Equal Protection Clauses of the U.S. and Minnesota Constitutions.

Lori Swanson, Attorney General, St. Paul, MN; and Michael O. Freeman, Hennepin County Attorney, Michael Richardson, Assistant County Attorney, Minneapolis, MN, for respondent.

William M. Ward, Chief Hennepin County Public Defender, Paul J. Maravigli, Assistant Public Defender, Minneapolis, MN, for appellant M.L.M.

OPINION

DIETZEN, Justice.

This case presents the question of whether Minn.Stat. § 609.117, subd. 1(2) (2010), violates the prohibition against unreasonable searches and seizures, or the Equal Protection Clause in either the U.S. or Minnesota Constitutions. Subdivision 1(2) requires a juvenile petitioned for a felony and then adjudicated delinquent of a misdemeanor arising out of the same set of circumstances “to provide a biological specimen” to determine the person's DNA profile for the limited purpose of criminal identification. Applying the totality-of-the-circumstances test, we conclude that the State's legitimate governmental interests in conducting a search of M.L.M. to collect a biological specimen for criminal identification purposes outweigh appellant's reduced expectation of privacy following her misdemeanor adjudication arising out of the same set of circumstances as her felony petition. Consequently, as applied to M.L.M., Minn.Stat. § 609.117, subd. 1(2), does not violate the prohibitions against unreasonable searches and seizures in the U.S. and Minnesota Constitutions. We also conclude that M.L.M.'s equal protection claim fails. Accordingly, we affirm.

In December 2008, the State filed a delinquency petition alleging that appellant M.L.M. committed felony possession of burglary tools in violation of Minn.Stat. § 609.59 (2010); gross misdemeanor theft over $500 in violation of Minn.Stat. § 609.52, subds. 2(1), 3(4) (2010); gross misdemeanor damage to property in violation of Minn.Stat. § 609.595, subd. 2(a) (2010); and misdemeanor fleeing a peace officer in violation of Minn.Stat. § 609.487, subd. 6 (2010), after she and another juvenile allegedly used scissors to remove securitysensors from unpurchased merchandise and then removed the merchandise from a mall in Edina.

Before trial, the State offered to dismiss the felony possession of burglary tools charge and two of the misdemeanor charges, in exchange for M.L.M.'s plea to the charge of gross misdemeanor theft over $500. M.L.M. agreed, and the court adjudicated her delinquent on the gross misdemeanor theft charge. M.L.M. was also adjudicated a petty offender based on a petition for underage consumption in an unrelated incident. The court ordered her to complete six days of sentence-to-service and placed her on probation. As part of her probation conditions, M.L.M. was required to submit to random urinalyses and continue therapy. The State asserted “DNA would be required” but recognized an appeal was pending on a case involving the constitutionality of a similar application of section 609.117.¹ The court ordered the DNA collection, but stayed the matter for one month to allow the parties to brief the issue of the constitutionality of section 609.117, subdivision 1(2).

M.L.M. argued that the portion of section 609.117, subdivision 1(2), that requires a juvenile adjudicated delinquent of a misdemeanor to submit a DNA sample violated the prohibitions against unreasonable searches and seizures and was a denial of equal protection of the laws in violation of the U.S. and Minnesota Constitutions. The district court rejected M.L.M.'s arguments and concluded the statute is constitutional. In a published opinion, the court of appeals affirmed the district court's conclusion that section 609.117, subdivision 1(2), is constitutional as applied to a juvenile petitioned for a felony offense and then adjudicated delinquent of a misdemeanor arising out of the same set of circumstances. In re the Welfare of M.L.M., 781 N.W.2d 381, 390 (Minn.App.2010). The court also concluded that M.L.M. failed to demonstrate that section 609.117, subdivision 1(2), violated her right to equal protection of the laws. Id. Subsequently, M.L.M. filed a petition for review, which we granted.

I.

M.L.M. argues that Minn.Stat. § 609.117, subd. 1(2), is unconstitutional because it requires a juvenile adjudicated delinquent of a misdemeanor to provide a DNA sample in violation of the Fourth Amendment to the U.S. Constitution and Article I, Section 10, of the Minnesota Constitution. The State argues that a juvenile petitioned for a felony and then adjudicated delinquent of a misdemeanor arising out of the same set of circumstances has a reduced expectation of privacy and that the State's interest in DNA collection outweighs that reduced expectation of privacy; therefore, collecting a DNA sample from that juvenile is not an unreasonable search or seizure.

The constitutionality of a statute presents a question of law, which we review de novo. State v. Melde, 725 N.W.2d 99, 102 (Minn.2006). We presume Minnesota statutes are constitutional and will strike down a statute as unconstitutional only if absolutely necessary. See State v. Behl, 564 N.W.2d 560, 566 (Minn.1997). The party challenging the constitutionality of a statute must demonstrate beyond a reasonable doubt that the statute violates a constitutional provision. State v. Bartylla, 755 N.W.2d 8, 14 (Minn.2008).

To answer the question presented, we must examine the statutes that authorize the collection of a biological specimen and the provisions of the U.S. and Minnesota Constitutions that prohibit unreasonable searches and seizures, and then apply the constitutional protections to the statutes at issue in this case.

Section 609.117, subdivision 1, provides that a

court shall order an offender to provide a biological specimen for the purpose of DNA analysis as defined in section 299C.155 when: ... (2) the juvenile court adjudicates a person a delinquent child who is petitioned for committing or attempting to commit a felony offense and is adjudicated delinquent for that offense or any offense arising out of the same set of circumstances.

It is undisputed that M.L.M., who was petitioned for felony possession of burglary tools and then adjudicated delinquent of gross misdemeanor theft over $500 “arising out of the same set of circumstances,” was adjudicated delinquent of a crime that satisfies the requirements of section 609.117, subdivision 1(2).

Section 609.117, subdivision 1, incorporates the definition of “DNA analysis” in section 299C.155, subdivision 1. DNA analysis means “the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another human biological specimen for identification purposes.” Minn.Stat. § 299C.155, subd. 1 (2010). Thus, the term “DNA analysis” is expressly limited to the collection and analysis of a biological sample for identification purposes. Id.; accordMinn.Stat. § 299C.09 (2010). Section 609.117, subdivision 1, does not authorize the collection of a biological sample for any other purpose. ²

The DNA collection authorized by section 609.117, subdivision 1, is conducted using uniform procedures and protocols. Minn.Stat. § 299C.155 (2010). A biological specimen may be collected using a buccal swab, which involves “gently swab[bing] the inside of the cheek [with a sterile cotton swab].” Minnesota Department of Public Safety, Guide to DNA Analysis 1 (2003). The DNA profile (which does not contain the person's full DNA sequence) is placed in a database that is linked to the National DNA Offender Database (CODIS). Id. at 3; National Institute of Justice, The Future of Forensic DNA Testing 19–20 (2000). To ensure privacy, personal identifiers such as social security number and case-related information are not stored in the CODIS database. National Institute of Justice, supra, at 20. The DNA profiles stored in the database may be accessed by authorized law enforcement personnel solely for law enforcement identification purposes. Minn.Stat. § 299C.155, subd. 3; see also42 U.S.C. § 14132(b)(3)(a) (2006).

The precise question we must decide is whether the collection of biological specimens for identification purposes authorized by section 609.117, subdivision 1(2), is an unreasonable search and seizure in violation of the U.S. and Minnesota Constitutions. The Fourth Amendment to the U.S. Constitution states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” U.S. Const. amend. IV. The language of Article I, Section 10, of the Minnesota Constitution is identical. “The touchstone of the Fourth Amendment is reasonableness....” United States v. Knights, 534 U.S. 112, 118, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001). Generally, the reasonableness of a search depends upon whether the government has complied with the Warrant Clause by obtaining a warrant from a neutral magistrate based upon probable cause. United States v. U.S. District Court, 407 U.S. 297, 315–16, 92 S.Ct. 2125, 32 L.Ed.2d 752 (1972). Applying a totality-of-the-circumstances test that balances the State's...