Search and Seizure: No Police Search Warrant - DNA

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.

Mark Solomon's Repost of the HuffPost's Article Regarding Fake Gum Survey by Police Officer to Recover DNA

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.


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