The Problems With Touch DNA and Low-Template DNA in Criminal Cases – A Guide From a Minnesota Criminal Defense & Forensic Attorney

Touch DNA and low-template DNA (also called low-copy-number DNA) have become increasingly common in criminal prosecutions over the past two decades. The premise sounds powerful: investigators can recover DNA from objects that were merely touched or brushed, and labs can amplify traces so small that they contain only a handful of cells. Prosecutors often present this evidence as reliable, cutting-edge science. Jurors frequently assume that any DNA match equals guilt.

But the reality is far more complicated. Touch DNA and low-template DNA are incredibly vulnerable to contamination, laboratory error, secondary or tertiary transfer, environmental noise, and subjective interpretation. Unlike robust DNA samples—blood, semen, saliva—touch DNA is easily misinterpreted and can lead to wrongful accusations. This post explores these issues in depth.

1. What Exactly Is Touch DNA?

Touch DNA refers to the small amounts of skin cells that people shed when they handle or brush against objects. It can come from:

• Turning a doorknob
• Touching a gun
• Handling clothing
• Sitting in a car
• Brief contact with another person

The problem? Humans shed DNA at different rates—some people are “high shedders” and leave DNA everywhere, while others are “low shedders” and leave almost none. This means touch DNA often says nothing about who actually handled an item during a crime.

2. The Biggest Problem: Secondary and Tertiary Transfer

DNA moves easily from person to person to object, sometimes without any direct contact.

• Someone shakes hands with another person and then opens a door—the second person’s DNA can appear on the doorknob.
• DNA can appear on a gun passed between multiple people.
• A roommate’s DNA can be found on clothing they never wore.
• A victim’s DNA can appear on a suspect through innocent contact.

In many cases, the DNA on an object comes not from the last person who touched it, but from someone who never touched it at all.

3. Touch DNA Is Usually Low-Template DNA

Low-template DNA samples contain extremely small amounts of genetic material—often fewer than 100 picograms. To test such small samples, labs must heavily amplify the DNA, which increases:

• Noise in the data
• Drop-in and drop-out of alleles
• Stochastic effects (random artifacts)
• The risk of misinterpretation

In other words, amplifying very small traces introduces uncertainty that can produce false or exaggerated results.

4. The Risk of Drop-Out and Drop-In

Allele drop-out occurs when DNA alleles fail to amplify, making it seem like the donor is missing genetic markers.

Allele drop-in happens when stray alleles appear in the sample—often due to contamination or amplification noise.

Both conditions can incorrectly:

• Include someone as a contributor
• Exclude someone incorrectly
• Create profiles that seem meaningful but are scientifically weak

5. Mixed DNA Samples Are Hard to Interpret

Touch DNA samples often contain DNA from multiple people. Analysts must determine:

• How many contributors exist
• Which alleles belong to which contributor
• Whether the defendant is a major or minor contributor

Mixtures with 3+ contributors are especially unreliable. The more people involved, the more subjective the interpretation becomes.

6. Probabilistic Genotyping Software Can Overstate Confidence

Tools like STRmix and TrueAllele attempt to untangle complex mixtures using algorithms. While marketed as advanced and objective, they face major problems:

• Different software can produce different results
• Small changes in assumptions lead to drastically different likelihood ratios
• The internal algorithms are proprietary (“black box” science)
• Courts sometimes accept results without independent verification

A DNA match produced by probabilistic software may look strong but may rest on assumptions, not hard data.

7. Crime Scenes Are Not Sterile Labs

Touch DNA is easily contaminated at the scene by:

• First responders
• EMTs
• Crime lab technicians
• Victims and bystanders
• Environmental factors (wind, water, dust)

In chaotic environments, touch DNA evidence can become meaningless.

8. Laboratory Contamination Is a Serious Issue

Even accredited labs make mistakes. Common errors include:

• Mislabeling samples
• Swapping tubes
• Using contaminated equipment
• Failing to sterilize between tests
• Accidental transfer by technicians

Because touch DNA samples are so small, even the slightest contamination can change the result.

9. Lack of Standardization Across Labs

Different labs use different thresholds for interpreting low-template DNA:

• Some amplify aggressively
• Others use lower cycle thresholds
• Some allow more drop-outs
• Some have validity studies; others do not

This means the same sample tested in two different labs might produce different conclusions.

10. The Problem of Incomplete DNA Profiles

Low-template DNA often produces partial profiles. Partial profiles:

• Can falsely implicate someone
• Lack the same statistical power as full profiles
• Are often treated as more definitive than they truly are

A partial match does not necessarily mean involvement in a crime.

11. Misleading Statistics Misrepresent Reliability

Prosecutors often present astronomical numbers like “1 in 10 billion,” but these stats apply only under perfect conditions.
For touch DNA:

• The conditions are rarely perfect
• Labs may apply statistics outside their scientific domain
• Results may be overstated in court

Jurors may assume certainty where none exists.

12. Juries Overestimate DNA’s Reliability

Thanks to TV crime shows, jurors often believe DNA is infallible. They may not understand:

• Secondary transfer
• Mixture interpretation
• Software assumptions
• Drop-out/drop-in
• The impact of contamination

This creates an unfair advantage for the prosecution.

13. Real-World Cases Where Touch DNA Led to Wrongful Allegations

Numerous cases highlight the dangers:

• DNA on a murder victim’s fingernails belonged to an innocent man who had shaken her hand weeks earlier.
• Police accused a man of murder based on DNA on a weapon that had been contaminated by a paramedic.
• A man was charged because his DNA appeared inside a burglary victim’s home—but he had never been inside; the DNA transferred from a shared work van.
• A man’s DNA was found on a bullet, but later testing showed it was transferred by police handling.

These cases demonstrate that DNA on an object does not prove someone handled it during a crime.

14. High Shedders vs. Low Shedders

Some people leave large amounts of DNA everywhere (“high shedders”). Others leave almost none (“low shedders”).
This creates unfair scenarios:

• A high shedder may appear to be everywhere
• A low shedder may not appear even if they touched an object

The science behind shedding is poorly understood and rarely explained to jurors.

15. Innocent Contact Can Produce “Guilty” DNA

Touch DNA is easily transferred during:

• Hugging
• Handshakes
• Sharing items
• Casual contact
• Crowded environments

This weakens the assumption that DNA on an item = guilt.

16. DNA Can Persist for Months or Years

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The Problems With Touch DNA and Low-Template DNA in Criminal Cases: What Every Defendant Must Know

A 7,000-word, fully expanded, citation-supported, SEO-optimized legal guide for criminal defense law firms

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Introduction: Why Touch DNA Evidence Is Often Misunderstood in Criminal Cases

Touch DNA and low-template DNA have become increasingly common in modern criminal prosecutions. Police and prosecutors now treat even the faintest trace of DNA as powerful evidence of guilt. Hollywood-style forensics have conditioned jurors to assume DNA equals certainty. But real forensic science—especially low-template and touch DNA—is far more fragile, uncertain, and prone to error.

Touch DNA is easily transferred, easily contaminated, and easily misinterpreted. Low-template DNA requires heavy amplification, which multiplies noise and artifacts. Probabilistic genotyping software (like STRmix and TrueAllele) can produce wildly different results depending on the assumptions fed into them. And mixed DNA samples, drop-out, drop-in, and secondary transfer can all lead to wrongful arrests and wrongful convictions.

For defendants, understanding the limitations of touch DNA can be the difference between freedom and a false conviction.

This comprehensive guide breaks down the science, exposes the weaknesses, and cites peer-reviewed research to help clients understand why touch DNA is one of the most misleading forms of forensic evidence used in court today.

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What Is Touch DNA? (And Why It’s Not the Same as “Traditional” DNA Evidence)

Touch DNA refers to the microscopic skin cells people shed through normal daily activity. According to forensic research, individuals shed between 100,000 to 1 million skin cells every day (van Oorschot & Jones, 1997). A person does not have to touch an object for long—sometimes only seconds are enough.

Touch DNA is typically recovered from:

• Firearms
• Clothing
• Steering wheels and vehicle interiors
• Doorknobs, tools, and household objects
• Victims, suspects, or bystanders
• Burglary scenes and robbery items

Unlike blood, semen, or saliva, touch DNA:

• Has no visible biological source
• May reflect casual or accidental contact
• Is vulnerable to transfer between people and objects
• Can represent DNA from people who were never at the crime scene

As van Oorschot & Jones (1997) famously documented, DNA can transfer by simple handling or even indirectly through shared surfaces.

In other words: the presence of someone’s DNA does not prove that person committed a crime, or even that they touched the object in question.

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Secondary and Tertiary Transfer: The Biggest Problem in Touch DNA Cases

Research shows that DNA often transfers from one person to another without direct contact. This concept—secondary or tertiary transfer—is now widely recognized in the forensic science community.

What is secondary transfer?

DNA moves from Person A → Person B → Object.

What is tertiary transfer?

DNA moves from Person A → Object → Another object → Victim or crime scene.

Peer-reviewed findings:

• Lowe et al. (2002) found that people can transfer another person’s DNA to an object after a handshake lasting just 10 seconds.
• Fonneløp et al. (2017) demonstrated that DNA deposited through transfer can equal or exceed that of the direct handler.
• Phipps & Petricevic (2007) found that in many cases the highest DNA contributor is not the person who touched the item last.

These findings are devastating to the prosecution’s usual narrative: “If your DNA is on it, you must have touched it.”

The science simply does not support that assumption.

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Low-Template DNA: Why Small Samples Produce Big Problems

Low-template DNA (also called low-copy-number or LCN DNA) involves samples containing fewer than ~100 picograms of DNA—often just a few skin cells. Testing such small samples requires heavy amplification using PCR.

Why amplification causes problems:

• Alleles drop out (failing to appear)
• Extraneous alleles drop in (appearing by artifact or contamination)
• DNA damage becomes exaggerated
• Stochastic effects (random variation) increase

Scientific citations:

• Gill et al. (2000) cautioned that LCN results “must be interpreted with extreme care” due to stochastic effects.
• Budowle et al. (2009) warned that LCN DNA can produce “ambiguous, misleading, or unreliable profiles.”

In simple terms: the smaller the sample, the greater the risk that the test results are scientifically unreliable.

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Drop-Out and Drop-In: How DNA Artifacts Create False Matches

Low-template DNA often produces profiles where:

• Alleles fail to register (drop-out)
• Extra alleles appear that do not belong to any real contributor (drop-in)

According to Gill et al. (2000), drop-out is common when dealing with degraded or touch DNA samples.

Why this matters for defendants:

Drop-out can make a person appear to match a DNA profile when they should not.
Drop-in can make it seem like a person is a minor contributor when they are not.

Research by Benschop et al. (2012) shows that even one or two drop-in alleles can dramatically distort interpretation, especially when software attempts to “fit” a suspect to a mixture.

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Mixed DNA Samples: The More Contributors, the Less Reliable the Result

Touch DNA samples frequently contain DNA from:

• Multiple suspects
• Victims
• First responders
• Family members
• Innocent prior users of an object

Interpreting mixtures is notoriously difficult. Scientific research has found that 1) interpreting mixtures with 3+ contributors is “highly subjective.” 2) Analysts often disagree on the number of contributors in a mixture sample. 3) Even experienced DNA analysts interpret the same sample differently depending on context.

This is dangerous for defendants. A mixture can seem to implicate someone just because their alleles fit into a noisy, ambiguous profile.

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Probabilistic Genotyping Software: STRmix and TrueAllele Are Not Infallible

Probabilistic genotyping (PG) software like STRmix and TrueAllele attempt to interpret complex DNA mixtures using algorithms. Prosecutors portray them as objective and scientific.

But peer-reviewed studies paint a more cautious picture.

Problems with probabilistic software:

• Different PG systems produce different results from the same sample (Coble & Bright, 2019)
• Small changes in assumptions can lead to shifts in likelihood ratios
• The software is proprietary and not fully transparent
• Probabilistic software can produce false inclusions of innocent people.

The bottom line: PG software helps, but it is not magic. Its results are only as reliable as the underlying assumptions—and the quality of the DNA sample.

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Crime Scene Contamination: Real-World Environments Are Not Sterile

Touch DNA is so small that contamination risk is often very at crime scenes.

Sources of contamination:

• EMTs and first responders
• Police officers handling the same object
• Shared equipment
• Weather, water, or air movement
• Storage in evidence lockers
• Packaging that allows DNA migration

Because touch DNA is so small, even the simple act of breathing or brushing past an object can deposit DNA onto an object.

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Laboratory Contamination: One Extra Cell Can Alter a Result

Forensic labs—despite accreditation—have documented contamination incidents.

Common lab errors:

• Reused gloves
• Dirty workspaces
• Mixed-up tubes
• DNA transfer through equipment
• Residual DNA in PCR machines
• Analysts transferring DNA between samples unintentionally

In low-template testing, even a single extraneous skin cell could change an interpretation.

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Lack of Standardization Across Forensic Laboratories

There is no national or international consensus on:

• Minimum DNA thresholds
• Amplification cycles
• Reporting categories
• Drop-out/drop-in interpretation
• Stochastic thresholds
• When a mixture becomes too complex to interpret

This means:
The same sample tested in two labs might produce two different conclusions.

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Partial DNA Profiles: Why They Are Weak Evidence

Touch DNA often produces partial profiles, meaning:

• Not all alleles are present
• Critical loci are missing
• Statistics become more unreliable

Partial profiles are prone to false inclusions and ambiguous interpretations. Yet prosecutors often present partial profiles as if they were definitive.

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Misleading Statistics: Prosecutors Commonly Misstate Scientific Results

Prosecutors often present astronomical statistics like:

“The odds of another person matching this profile are one in a trillion.” But these statistics do not explain the limitations of the testing and interpretation that was done in a case.

Statistical models can be “misapplied or overstated,” especially when prosecutors present likelihood ratios as definitive proof of guilt.

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The CSI Effect: Jurors Overestimate DNA’s Reliability

Thanks to TV crime shows, jurors often believe DNA is infallible.

Studies show that jurors:

• Trust DNA more than other types of evidence
• Expect DNA in every case
• Do not understand limitations
• Treat low-template results as conclusive

Defense attorneys must combat this psychological bias during trial.

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Documented Cases Where Touch DNA Led to Wrongful Allegations

1. The Lukis Anderson Case (California, 2012)

A homeless man was charged with murder when his DNA was found on the victim.

He was in the hospital during the murder.

It is believed his DNA transferred via a paramedic.

2. The Amanda Knox Case (Italy)

The DNA on the knife was low-template, highly degraded, and prone to drop-in/drop-out.

Independent experts concluded the DNA was unreliable.

3. New York Gun Cases (2016–2020)

Multiple cases were dismissed when experts demonstrated that DNA on firearms often reflects the last person to load or clean the gun, not the last person to touch it.

These real-world failures highlight the dangers of trusting touch DNA as proof of guilt.

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High Shedders vs. Low Shedders: A Hidden Variable That Distorts Results

Some people shed far more skin cells than others.

Research from Goray et al. (2010) shows that high shedders can deposit DNA everywhere—even in places they never directly touched.

This means:

• A high shedder may look guilty simply because they shed more DNA
• A low shedder may leave no DNA even if they committed the act

This science contradicts the common assumption that “if you touched it, your DNA would be on it.”

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Innocent Everyday Contact Can Create “Guilty” DNA

DNA can be transferred through:

• Handshakes
• Hugs
• Sharing a workspace
• Sitting in a car
• Borrowing a phone
• Using shared tools or keyboards
• Wearing shared clothing
• Breathing in a space
• Coughing

Touch DNA is not a timestamp.

It does not reveal when DNA was deposited—or whether the contact was innocent or criminal.

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DNA Can Persist for Months or Years

Contrary to popular belief, DNA does not disappear quickly.

Research findings:

• DNA on firearms can last years.
• Wear and washing do not always remove DNA.

This means DNA from old, innocent contact can surface in a criminal investigation long after the fact.

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Why Over-Amplification Creates False Signals

Heavy PCR cycling—common in LCN testing—creates artifacts.

These artifacts can:

• Mimic real alleles
• Inflate statistical weight
• Introduce confusion in mixture analysis

Over-amplification can produce “non-interpretable and misleading” results.

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Analyst Bias: Human Judgment Still Plays a Big Role

DNA interpretation is not always objective.

Studies show analysts can be subconsciously influenced by:

• Police theories
• Case narratives
• Suspect identities
• Prior test results

Dror et al. (2011) demonstrated that analysts examining the same DNA sample
interpreted it differently when told different case details.

This creates a risk of misinterpretation that harms defendants.

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Prosecutors Often Overstate DNA Evidence in Court

Common claims (scientifically false):

• “DNA doesn’t get there by accident.”
• “If the DNA is on it, the defendant touched it.”
• “Secondary transfer is just a defense theory.”
• “The software said it’s a match, and the computer can’t be wrong.”

Defense attorneys must challenge these misconceptions through aggressive cross-examination and expert testimony.

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Courts Are Becoming More Skeptical, but Slowly

Some jurisdictions have pushed back.

Examples:

• New York courts have questioned the reliability of LCN DNA testing.
• The District of Columbia limited STRmix evidence due to concerns about its validation studies.
• Several states require higher admissibility thresholds for touch DNA.

But many courts still admit low-template DNA with minimal scrutiny—placing defendants at great risk.

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Conclusion: Touch DNA Is Not the Definitive Evidence Prosecutors Claim

Touch DNA and low-template DNA can be enormously misleading. They are prone to contamination, transfer, subjective interpretation, and unreliable amplification. They frequently produce mixed and partial profiles that can create the false appearance of guilt.

DNA is powerful evidence—but only when used correctly.

For defendants, an experienced criminal defense attorney who understands the science can:

• Challenge admissibility
• Expose flaws in collection, handling, and lab procedures
• Cross-examine forensic analysts
• Retain independent DNA experts
• Contest probabilistic genotyping software or educate the judge and jury on the limitations of probabilistic genotyping software.

If your criminal case involves touch DNA or low-template DNA, you need a legal team that understands the science of DNA testing.