When Hicks wrote to Cmdr. Sanders and made this argument, Sanders initially adopted a conciliatory tone and agreed to throw away the sample, although he disagreed that the police had acquired it illegally. There are two situations where the police can legally force them to give them a DNA sample: Since Constable Valutsky had told the boys to stay in the car, Hicks had been clear enough to them that they were not allowed to leave unless one of them handed over the DNA. It looked more like an illegal detention than a consensual conversation, the lawyer charged, which was not justified by the officer`s reference to previous «suspicious activity» in the neighborhood. An effective defense attorney can always identify arguments that support the removal of DNA evidence, especially if the police acted illegally when they arrested the suspect in the first place. He appealed his conviction, arguing that his DNA sample had been obtained illegally and should therefore have been deleted. The state court of appeal agreed and overturned his conviction. Dissatisfied and determined to have the sample destroyed, Adam`s father took the only other step he could imagine – he called a lawyer. It was attorney Jason Hicks` first encounter with a case of arrest and spitting.

He soon realized that he and his clients were on the edge of a legal border. DISCLAIMER: The Liberty Law website and the content contained therein are not intended to replace actual legal advice. On the contrary, this website (in particular the blog) serves exclusively for general legal information. The scenarios and concepts described may or may not apply to your particular case. Even if the scenarios described seem to apply to you, there are still exceptions to each rule that cannot be fully described here. Finally, reliance on any of the content described on this website does not establish a relationship between the lawyer and the client. To hire a lawyer for legal advice specific to your case, please contact one of our lawyers for free advice at 1-833-784-7500. When Adam`s father discovered that police had taken his son`s DNA, he immediately contacted the Melbourne Police Department to ask what the department intended to do with the sample and on what legal basis it had been taken. As a doctor, he understood that what had happened could have far-reaching implications. It is very important that you know your rights when the police ask you to participate in an investigation or cooperate, even if the police ask you for a sample of your DNA.

Unless the police have an arrest warrant, you do not need to provide a sample of your DNA. If the police request a sample of your DNA without a warrant, you should immediately seek advice from an experienced defense lawyer before making a decision. In Canada and the United States, law enforcement agencies are increasingly relying on forensic techniques such as DNA analysis to investigate crimes. You may be familiar with the case of Marissa Shen, a teenager from Burnaby, British Columbia, who was found dead in Central Park in Burnaby in July 2017. Police identified and arrested a man suspected of involvement in his death using a technique called «DNA Dragnet» or «DNA Sweep.» It is legal for the police to receive a sample of your DNA if they have an arrest warrant or if you accept it. Police usually take saliva swabs, hair samples or blood samples. In many cases, it can be difficult to say no to the police requesting a DNA sample. You might feel some pressure to accept because it may seem suspicious if you refuse, or because you know other people are providing their DNA. Maybe you have a hard time saying no because you just want to help. The bottom line is that if the police don`t have an arrest warrant, you have no legal obligation to provide your DNA to the police and should never provide your DNA without first seeking advice from an experienced criminal defense attorney.

1 Over the past decade, collecting DNA from people who are not charged or even suspected of a particular crime has become an increasingly common practice for police in small towns not only in Florida, but also in Connecticut, Pennsylvania and North Carolina. Nationally, local law enforcement agencies that have launched DNA collection programs have taken a variety of approaches to deciding which DNA they will search for and under what circumstances. As DNA testing becomes more advanced, it becomes more sensitive. These sensitivities can expose innocent people to the risk of imposing a harsh prison sentence and even the death penalty. For example, Lukis Anderson faced the death penalty after his DNA was found under the fingernails of a murder victim. [8] Anderson was arrested, but it turned out that he could not have committed the crime – he was in the hospital at the time of the murder. Prosecutors hypothesize that a paramedic who treated Anderson before going to the scene accidentally transferred Anderson`s DNA to the victim. [9] The Houston Forensic Science Center has proven that, as in Anderson`s case, a person`s DNA can be found in places they have never been.

[10] Although Anderson was eventually found innocent, others may not be so lucky. Sanders explained that Adam had given his consent, making the sample usable according to the department`s guidelines, even though it had not yet been sent to the lab for testing. He said that as long as Adam didn`t get into trouble, the family had nothing to fear. When his DNA profile was compared with other profiles in the national database, it turned out that his DNA matched the DNA profile associated with the evidence gathered during a rape that had taken place six years earlier. The man was charged and eventually convicted of rape. There are clear precedents for obtaining DNA from people convicted of crimes and those who have been arrested. Under the Fourth Amendment, law enforcement agencies must have reasonable grounds to suspect that a person is involved in a crime before requesting a search or seizure. «What worries me in the medical field is that it`s not just Adam`s DNA,» he said. (ProPublica refuses his name to protect his son`s privacy.) «It`s my DNA, it`s the DNA of my wife and our parents. So as not to look bad, but you get nervous. There is collateral damage.

«No one knows what the rules are on what they`re going to upload into these private DNA databases or not,» Garvey said. «Mixtures, partial – what are their criteria? It varies. That does not seem legitimate to me. I feel like a DNA confirmation would take a while (much longer than a traffic stop) «At first I was just shocked that this happened,» he said. «Then I was frustrated by the lack of a vehicle to challenge it.» Unlike their Florida counterparts, police in Greensboro, North Carolina — one of the 16 divisions that make up the North Carolina DNA Consortium — do not take samples by road or traffic stops. Instead, they started their program by contacting people who were repeat offenders or ankle monitoring programs and asking them to give up dna. Now they receive samples from suspects who are linked to certain crimes or who have been arrested. «We`re modifying mosquitoes so they can`t infect us. We are changing. After a long break, Adam, a light 15-year-old with curly hair and braces, said, «Okay, I think I`ll do it.» Valutsky showed Adam how to rub a long cotton swab around the inside of his cheek, then gave him a consent to sign form and took his thumbprint. He sealed Adam`s swab in an envelope. Then he let the boys go.

«For me, the sticking point is, can they ask for a minor child without the parents consenting to something like that?» he asked. «According to the police department, this seems to be their policy. But for the general public, I think it would be new for them. Constable Justin Valutsky closed one of the back doors that had been opened and told them to stay in the car. He looked into the driver`s side window of the white Hyundai SUV and asked what the teens were doing there.