The Indiana Court of Appeals ruled a few weeks ago that the police do not have to obtain a warrant to collect DNA evidence at the time of an arrest. In this case that is questioning the scope of a DNA collection; opponents are saying the ruling is in violation of the 4th Amendment.
The Fourth Amendment of our Constitution protects us against unreasonable searches and seizures. This amendment has led to hundreds of laws and procedural rules governing how searches can be conducted.
The Indiana Court ruled 2 to 1 in this decision that surrounded a case involving Arturo Garcia-Torres, who was convicted of raping and attempting rape. Police collected DNA evidence from Garcia-Torres’ truck without a warrant.
The majority opinion resulting from the Court of Appeals decision states that if the police have “reasonable suspicion” that a suspect committed a crime, they can forcibly extract a DNA sample, according to this CBS News commentary.
Although the ruling states a DNA extraction is not invasive and in fact perhaps less invasive than even a pat down search, the dissenting opinion points out the fruit of the DNA extraction is far more complex than that of other searches.
A DNA test can provide the police with information completely unrelated to the criminal investigation. Not to mention, because the case is referring to “arrests”, there will be many cases where DNA was “forcibly” extracted and the charges were eventually dropped or the defendant was found not guilty.
Although the law allows for someone to request their DNA sample be destroyed, the party has to make a request for this to happen.
There is no doubt in my mind we have not heard the last of this case. With opposing and supporting rulings popping up around the country, this is something that may eventually be addressed by the US Supreme Court.
When investigating a case and making an arrest, the police must adhere to a strict body of rules. These rules are designed to protect your rights. Occasionally the police step outside of these rules and often that can ruin the State’s case against you.
One way to know for certain that your rights are being protected is to have an aggressive defense attorney representing you in court and pouring over the details of your arrest.
Contact me today if you are facing criminal charges and need some assistance.