- 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
Consent
The alternative to obtaining a warrant is to secure a person's consent to giving a DNA sample. The principles governing consent are simple: The consent must be voluntary.14
If there is an illegal arrest or detention, a subsequent consent will not be valid if it is the fruit of that illegality. Such consent may be valid, however, if there are intervening events (such as a consultation between the suspect and counsel) that attenuate the effect of the illegal arrest or detention.15
