Should The Cops Be Able To Collect DNA Samples From You When You Are Arrested?
The United States Supreme Court and the California Supreme Court are both in the midst of deciding whether police officers can collect DNA samples from any person just because they were arrested for a crime. We all should pray long and hard that the courts realize that this is a major invasion of our privacy. This latest invasion of privacy highlights the importance to always consult with a California criminal lawyer when you are accused of a crime.
Violation of Your Rights
It is a fundamental part of our federal constitution that you are presumed to be innocent when you are arrested. The burden is on the prosecution to convince a jury that you are guilty beyond a reasonable doubt. If the prosecution cannot prove that you are guilty beyond a reasonable doubt, then you cannot be held liable for the alleged offense.
In the US Supreme Court case, the defendant was arrested for assault and the police officers collected his DNA, which they used to link him to an unrelated rape charge. Had the defendant already been convicted of assault before his DNA sample was collected, there would not have been a problem with the police officers’ actions. However, the Fourth Amendment protects an individual’s privacy rights, even during an arrest.
Several questions come to mind when police officers are given the power to take your DNA just by arresting you:
• Why should the government be able to grab your DNA to use against you in the future merely because you were arrested?
• What happens when the DA drops the charges? Do you get your DNA back from the cops?
• Should you have your DNA taken from you even if you are arrested for jaywalking? What about petty theft?
• Can a police officer arrest me in order collect my DNA even if I did not break the law?
These questions all observe potential situations where allowing police officers to be able to collect your DNA when you are arrested can be a serious invasion of your privacy.
Can I Get My DNA Back
If you are wrongfully arrested and the criminal charges against you are dropped, you can hire a California criminal lawyer to bring a motion to seal your arrest record. This means that the arrest never happened according to the law. Yet, the cops already have your DNA. They will have already entered your DNA information into their database and you will not be able to get that information back.
Every person who cares about fundamental liberty in this country must realize that this is yet another step by the government to take away our civil liberties. We must stand up and say ENOUGH.
We will be watching how the California and US Supreme Court rules on these cases. If there is justice in this nation, the courts will make clear to the cops that they cannot collect DNA samples from your mouth just because you were arrested for a crime. It is just common sense.
California Criminal Lawyer
Do not let the police officers trample on your constitutional rights. If you have been arrested for a crime in California, the first step you must take is to contact an experienced California criminal lawyer today. At Wallin & Klarich, we have over 40 years of experience successfully defending our clients against invasions of privacy and attacks on their constitutional protected rights. You cannot afford to fight the charges against you alone.
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
