Legal Issues and Investigative Genetic Genealogy
This program explains the emerging field of investigative genetic genealogy (IGG) and the legal challenges it presents for criminal defense lawyers. Unlike traditional STR DNA testing used in CODIS, IGG relies on SNP testing and consumer databases such as GEDmatch, Family Tree DNA, and MyHeritage. These methods can generate vast amounts of personal and familial data, but they are unregulated, prone to errors, and often manipulated through bioinformatics “black box” software. Defense attorneys will learn why IGG results should not be treated as direct identifications and how these cases differ fundamentally from conventional forensic DNA.
A key focus is the investigative process: law enforcement often builds family trees from partial matches and then narrows suspects through discarded items or “trash pulls.” This raises major Fourth Amendment issues, as many samples are obtained without warrants or probable cause. The program shows how to question the reliability of the genealogical process, highlight that results typically implicate groups of relatives rather than a single person, and expose how law enforcement shortcuts can lead to wrongful targeting.
Defense lawyers will gain practical strategies for motions and cross-examinations, including challenging the admissibility of IGG evidence, emphasizing its lack of standardization, and exposing the ways investigators massage incomplete data. The program also reviews federal and state policies—such as DOJ interim guidance and Maryland’s statute—that set limits on IGG, giving practitioners a framework to argue suppression or heightened scrutiny.
By mastering these tools, attorneys will be prepared to confront IGG evidence in court, safeguard their clients’ constitutional rights, and prevent unregulated genealogical methods from being treated as unquestionable forensic proof.
Bicka Barlow received a Bachelor of Science degree from the University of California, Berkeley, in Genetics. She perused her scientific and academic interests and obtained a Master of Science degree from Cornell University in the fields of Genetics and Developmental Biology, with minors in Plant Molecular Biology and Cellular Biology. Ms. Barlow’s studies focused on the molecular mechanisms for controlling the expression of genes during development in plants and yeast. Ms. Barlow moved on to the law and obtained her J.D. from the University of San Francisco School of Law, graduating Magna Cum Laude. After serving as a research attorney for the Criminal Division of the San Francisco Superior Court, Ms. Barlow opened her private criminal law practice. From the beginning, she focused on DNA cases. During her time in private practice, Ms. Barlow acted as an attorney/consultant on over 100 DNA cases at all stages of the proceedings, from trial to post conviction, in Federal and state courts. In 1998, Ms. Barlow, along with lead counsel Michael Burt, conducted the first successful challenge in the United States to the admissibility of STR evidence in the case of People v. Bokin.
CLE State Accreditation
- General CLE-HI: 1.00
- General CLE-SD: 1.00
- General CLE-NY: 1.20
- General CLE-CA: 1.00
- General CLE-IL: 1.00
- General CLE-AK: 1.00
- General CLE-MD: 1.00
- General CLE-MA: 1.00
- General CLE-DC: 1.00
- General CLE-ND: 1.00
- General CLE-OR: 1.00
- General CLE-WA: 1.00
- General CLE-CT: 1.00
- General CLE-NH: 1.00
- General CLE-FL: 1.20
- General CLE-VI: 1.00
- General CLE-AZ: 1.00
CLE State Accreditation:
- General CLE-HI: 1.00
- General CLE-SD: 1.00
- General CLE-NY: 1.20
- General CLE-CA: 1.00
- General CLE-IL: 1.00
- General CLE-AK: 1.00
- General CLE-MD: 1.00
- General CLE-MA: 1.00
- General CLE-DC: 1.00
- General CLE-ND: 1.00
- General CLE-OR: 1.00
- General CLE-WA: 1.00
- General CLE-CT: 1.00
- General CLE-NH: 1.00
- General CLE-FL: 1.20
- General CLE-VI: 1.00
- General CLE-AZ: 1.00