- 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
Method of Obtaining the Known Sample
In some jurisdictions, a DNA sample is routinely taken from an arrestee in a process similar to booking and fingerprinting. In all cases, however, the method of obtaining a DNA sample must comply with constitutional requirements.
The U.S. Supreme Court has permitted police to seize, without a warrant, physical evidence from a lawfully arrested person. In United States v. Edwards, police were allowed to seize an arrestee’s clothing to look for paint chips that matched evidence at the crime scene. However, Edwards may be limited by two facts: There was clear probable cause linking the clothing to the crime scene, and a search of clothing for paint chips is not a physically intrusive one.10
Because this issue remains unresolved at this time, police or prosecutors may elect to obtain a court order or warrant to permit the obtaining of a DNA sample.
