Principles of Forensic DNA
for Officers of the Court
Principles of Forensic DNA for Officers of the Court
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Module 10 :: Collection of DNA

Topic 2 :: Key Legal Issues Surrounding the Collection of DNA Evidence

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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.

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