Module 10 :: Collection of DNA
Topic 2 :: Key Legal Issues Surrounding the Collection of DNA Evidence
Constitutional Right to Counsel
There is no right to counsel until the criminal process has commenced. The right to counsel does not apply when police approach an individual who has not been arrested and ask for the person's consent to obtain DNA evidence.
Likewise, the right to counsel does not apply when an individual is arrested and the seizure of DNA evidence occurs before formal criminal proceedings are commenced.
Continued