110 Iowa L. Rev. 1399 (2025)
Abstract
Every state’s newborn screening program helps detect early, life-threatening disorders. It is important to catch these disorders immediately upon birth because they can irreparably harm the baby if left untreated. In 2022, New Jersey police made news after they issued a subpoena to New Jersey’s newborn screening laboratory to access a newborn blood sample while investigating a crime. The New Jersey police department did not abide by traditional Fourth Amendment requirements—even though many viewed their act as an illegal search. The New Jersey Office of the Public Defender sued them, alleging that the department committed an illegal search. States differ in how they regulate their newborn screening programs, and the federal government largely defers to them. However, it is unclear whether—and to what extent—federal healthcare privacy laws regulate newborn screening samples because they are not equipped to regulate how healthcare data (and newborn screening data) is stored presently. Iowa’s current newborn screening law is itself contradictory and vague in whether it precludes police access or invites it. Iowa’s Department of Public Health should amend and clarify its rules and account for the growing trend of police attempting to access newborn blood samples without traditional Fourth Amendment protections.