Module 10 :: Collection of DNA
Topic 2 :: Key Legal Issues Surrounding the Collection of DNA Evidence
Probable Cause for an Arrest
Finding an individual's DNA evidence at a crime scene may not prove that the person was present at the time of the crime. To establish probable cause, additional facts are needed to link the DNA sample to the crime. Those additional facts may be found in the circumstances of the crime itself.
Indeed, courts have held that DNA evidence, without an identification by a live witness, is legally sufficient to convict (not merely to arrest).20