Module 11 :: Pretrial Issues
Topic 3 :: Defendant Issues
Search and Seizure Issues
The defendant needs the following information:
- DNA (or bodily fluids containing DNA) may be seized by court order, or as a result of an arrest.
- Neither the right to privacy nor the privilege against self-incrimination prevents the seizure of DNA.
- Genetic material left at a place where there is no expectation of privacy may be seized.
- Refusing to cooperate in a court-ordered DNA test may be admissible as evidence against the defendant at the time of trial (or at sentencing).
Continued