There are many different types of evidence the state can collect to prosecute an individual. Some types of evidence are more conclusive and authoritative than others. For example, witness statements are sometimes questionable due to the fallible nature of human memory. Video footage is often considered more reliable than testimony from other people.
Forensic evidence gathered at the scene of a crime or from the body of a crime victim could play a key role in identifying the person who broke the law. Many people put a large degree of trust in such evidence, in part due to the emphasis that police procedural movies and television shows have given such evidence in recent years.
In order to affirm that a suspect is the person who left genetic materials behind, police officers have to obtain a DNA sample from the suspect. Can the state collect genetic evidence without the consent of the individual in question?
There are different rules for different situations
People in the United States generally have the right against self-incrimination. The state typically cannot force people to undergo genetic testing that they decline. If collecting genetic evidence violates the bodily autonomy of a suspect, the state needs their consent to gather the sample.
That being said, there are a number of ways for the state to obtain DNA without getting the consent of the suspect. A common tactic involves providing beverages during questioning at a police station. When the individual discards the cup or water bottle, police officers can collect that item to see if they left saliva or other materials that the lab can test. Police officers might be able to gather genetic evidence by going through the trash left in front of an individual’s home.
State authorities can also potentially access genetic information databases in attempts to reduce the number of potential suspects. Even if the person under investigation has never submitted to genetic testing, there could be records from immediate family members that indicate they could be a positive match for the crime scene sample. In cases where police officers violate an individual’s rights, that misconduct could influence the defense strategy they use in criminal court.
Learning about what rules govern the collection of evidence can help those trying to plan a criminal defense strategy. In some cases, it may be possible to challenge genetic evidence or the way the state obtained a sample.