Can Your DNA Be Taken Even If You Are Unjustly Accused? : Legal Articles from Gamino Law Offices, LLC

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Can Your DNA Be Taken Even If You Are Unjustly Accused?

by Gamino Law Offices on 06/04/13

The US Supreme Court has made a decision that allows police to take DNA swabs from anyone arrested for a serious crime.  This decision significantly expands the exception to the 4th amendment guarantee against warrantless searches and seizures and impinges on individuals privacy rights under the justification that it is the same as fingerprints or booking photographs, which have long been accepted as reasonable under the 4th amendment.  At least one justice has expressed the view that the rule limiting authority to seize DNAto serious crimes will not last and that it will soon be expanded to any arrest for any crime.  Justice Scalia is quoted to have written "[m]ake no mistake about it: Because of today's decision, your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason."  Contact Milwaukee criminal defense lawyers to discuss your rights if you are arrested or if the police take your DNA.   

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