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Module 10 :: Collection of DNA
Topic 2 :: Key Legal Issues Surrounding the Collection of DNA Evidence
Davis and Hayes (cont.)
Read together, Hayes and Davis stand for the following propositions:
- Just as with fingerprint evidence, if there is no probable cause to arrest a person, any DNA evidence obtained as a result of that seizure is unlawful.
- If police have lawfully detained a person (as in a traffic stop or brief pedestrian stop), it may be legal to take a DNA sample at the scene if it is not done in an unreasonably intrusive manner. It is unresolved as to whether a court order or warrant would be required.
- In the absence of probable cause or reasonable suspicion, there must be valid consent that was not tainted or polluted by an illegal arrest or detention.