Module 10 :: Collection of DNA
Topic 1 :: How a Suspect's DNA Is Obtained
DNA Collection in a Public Place (cont.)
As a general rule, however, when evidence is obtained in a criminal investigation or proceeding, several constitutional rights might be involved:
- The fourth amendment protection against unreasonable searches and seizures.
- The fifth amendment privilege against compelled self-incrimination.3
- The sixth amendment right to counsel.
- The guarantee of due process of law.
In most instances, there will be no fifth or sixth amendment issue.