Module 10 :: Collection of DNA
Topic 2 :: Key Legal Issues Surrounding the Collection of DNA Evidence
Statutory Authorization for Collection of DNA Samples (cont.)
Some States have statutes authorizing judges to issue nontestimonial orders, warrants requiring a nonarrested person to provide a DNA sample. Those warrants are issued upon a showing of probable cause that a crime has been committed and reasonable suspicion that the individual is a suspect in that case.
These statutes have been upheld by State courts.19