When the Armed Forces Repository of Specimen Samples for the Identification of Remains was first created in 1991 (to help identify the remains of soldiers killed in action by taking a DNA sample of all active duty armed forces personnel), it was unlawful for a soldier's DNA profile to be used to identify suspects in a criminal investigation. However, the 2003 National Defense Authorization Act overrode Pentagon policy that the DNA samples be used solely to identity troops killed in combat. The Act allowed for the DNA samples maintained for identification of human remains to be used for law enforcement purposes, but not in the same way that the DNA database in AFIS can be accessed. Any state or federal law enforcement agency can access the AFIS database at will to look for fingerprint and DNA matches, but they cannot access the Armed Forces DNA registry without first getting a court order from a Federal or military judge. To get a court order, law enforcement needs at least some evidence showing that the suspect is a member of the Armed Forces. So it is partly incorrect when Olivia says that they can simply run the DNA from the rape victim against the Armed Forces database to identify a suspect. NYPD would need evidence that their suspect is a member of the military (more evidence than the victim being killed by having her neck broken using the "subluxation" technique) for the DA's office to have enough probable cause to request a court order to run the DNA sample found on the victim against the Armed Forces database. The search would only tell them if their suspect is an active member of the Armed Forces, as DNA samples in the database are supposed to be destroyed upon a solider's discharge.