Module 10 :: Collection of DNA
Topic 2 :: Key Legal Issues Surrounding the Collection of DNA Evidence
Seizure of DNA
Whether conducted pursuant to a warrant, court order, or as part of routine processing, the nature of the intrusion to secure a biological sample must still be considered. In most cases, collecting blood, hair, or body swabs will not violate a person's constitutional rights, as it generally is not a substantially invasive procedure.12
If a warrantless seizure of DNA is permitted, the same limits of intrusiveness apply.
Continued