- 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
Obtaining an Evidentiary Sample From an Arrestee
An arrested individual also may have evidentiary DNA evidence on his or her body or clothing. For example, fingernail scrapings may contain DNA from the victim. The method of collecting such a sample must comply with same constitutional requirements that apply to obtaining an arrestee's DNA sample.
If the evidence is on the suspect's clothing, or otherwise can be obtained without intruding into his/her body, it may be permissible to seize it without a warrant.10However, if the sample can be obtained only by bodily intrusion, a warrant is required, absent exigent circumstances.11
To avoid a legal challenge, police may choose to secure a court order or warrant to ensure that the seizure of such evidence is constitutional.12
