Module 10 :: Collection of DNA
Topic 2 :: Key Legal Issues Surrounding the Collection of DNA Evidence
Probable Cause
The fourth amendment requires that police have probable cause before an individual is arrested. Before a person may be detained, police must have reasonable suspicion of criminal activity.6
If neither of these legal standards is met, the seizure of DNA from a person who has been detained or arrested will be deemed unlawful if the DNA evidence is a "fruit" or product of the illegal seizure of that person.