Search and Seizure: No police search warrant – DNA
Search and Seizure is a large part of criminal defense law, and your ability to help your lawyer protecting your hair, blood, and DNA is vital, especially when there is no police search warrant. If a person randomly asked for a blood or hair sample, most people would think that this was part of a Search and Seizure scam from the government. Protecting your hair, blood, and DNA is important if you don’t want to be a victim of giving a sample by consent, which is not a search under the 4th Amendment of the constitution.
Undercover cop tricked suspect to participate in fake chewing-gum survey: DNA in saliva matched DNA in blood from scene http://t.co/S0sJQoJ0
— Solomon Criminal Defense (@solomonesq) October 18, 2012
When being interviewed by police, they offer you a drink or something to eat to be able to get a DNA sample from your saliva. Gum has been used to collect DNA from suspects. If offered a drink, ask to leave and speak to your lawyer. The police need a police search warrant to get your DNA. If the police ask you who your lawyer is, and you do not know a name of a criminal defense lawyer, ask them for a phone book. Better yet, keep a card of a criminal defense attorney just in case, or at least know a lawyer’s name.
Police need a police search warrant to collect samples of your blood or DNA without your consent, but when they ask you for a sample, and you provide them with a sample, you are, in effect, telling the government that they don’t need a warrant to get the sample. To assert your rights, you must say, “NO.” To assert your rights to a lawyer, you must ask for one clearly, “I WANT A LAWYER.”
If you are the suspect of an investigation, DO NOT participate in activities where you leave behind DNA with strangers, such as a “chewing-gum survey” or shampoo demonstration.
Remember, if you do not see a police search warrant, ask to see one and tell them you want a lawyer.