If you find yourself in a situation where a police officer asks you for your DNA, you have the legal right to say “no.” However, there are a few ways police can legally obtain your DNA without your consent.
- Collecting it off of anything you throw away or leave behind
If you have read my previous blog, CSI- IT’S ONLY A TV SHOW, you know that not everything you see on CSI shows is true. However, you know that typical scene on the shows where the cops are interviewing the suspect and the guy drinks out of the styrofoam cup (that the cops gave him) and then throws it away and they pull a “gotcha” moment? Yeah, they can definitely do that.
- Conviction of a Crime Where Law Requires DNA Test
Depending on what state you live in, and what crime you have been convicted of, you may be required to take a DNA test and have your results submitted to CODIS . These crimes can range from certain misdemeanors all the way up to violent felonies. To find out what Michigan’s qualifying offenses are, click here
- Search Warrant
Last but not least, their is the notorious search warrant. This is the most common method used and the method people are most familiar with. Once police have a warrant you must comply with there DNA request
If you have a question about DNA or forensic evidence used in your case contact Ambrose Law Group at (248) 624-5500