- 01 Introduction
- 02 Biology of DNA
- 03 Practical Issues Specific to DNA Evidence
- 04 Introduction to the Forensic DNA Laboratory
- 05 Assuring Quality in DNA Testing
- 06 Understanding a Forensic DNA Lab Report
- 07 Statistics and Population Genetics
- 08 Mitochondrial DNA & Y-STR Analysis
- 09 Forensic DNA Databases
- 10 Collection of DNA Evidence from Suspects and Arrestees
- 11 Pretrial DNA Evidence Issues
- 12 Victim Issues
- 13 Trial Presentation
- 14 Postconviction DNA Cases
- 15 Emerging Trends
Principles of Forensic DNA
for Officers of the Court
for Officers of the Court
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.
