If they demand a sample from a defendant, wouldn't that be a violation of their right to self incrimination?
2006-10-06 05:33:48 · 6 answers · asked by jim 6 in Politics & Government ➔ Law Enforcement & Police
You cannot demand a sample but you can sneak a sample of any of their personal belongings or you can get a search warrant which gives you the right to TAKE the sample regardless of whether they want to give it or not.
2006-10-06 05:38:23 · answer #1 · answered by Anonymous · 1⤊ 0⤋
They can get a warrant. Also, in NY (and many other states) convicted criminals by law must give a sample of their dna to a statewide databank.
2006-10-06 05:44:39 · answer #2 · answered by ovrwrkdlawyr 2 · 1⤊ 0⤋
At first they will ask very nicely, if they protest then they can get a warrent from the courts to this.
It's only a swab from the mouth, so it wont distress the person.
2006-10-06 05:39:09 · answer #3 · answered by Dannie 5 · 1⤊ 0⤋
They can get a court order for it, or offer you something to drink, or follow you quietly to an ash tray.
DNA evidence can also exclude you from the guilty...so if you are innocent, why worry about it??
2006-10-06 05:42:24 · answer #4 · answered by fairly smart 7 · 1⤊ 0⤋
they get a search warrant, just like they would if they wanted to search your home for evidence.
2006-10-06 05:41:59 · answer #5 · answered by Kutekymmee 6 · 1⤊ 0⤋
we do it by swabbing the skin inside the mouth
2006-10-06 08:03:25 · answer #6 · answered by Keith 5 · 0⤊ 0⤋