In the United States, the police can force you to provide a DNA sample under certain circumstances, but this depends on several factors, including the nature of the case, the jurisdiction, and whether you are under arrest. Here’s a general overview:
- If You Are Under Arrest (for a crime of violence crime):
In some cases, the police can collect a DNA sample without your consent if you are arrested for violent crimes, such as a felony. In 2013, the U.S. Supreme Court ruled in Maryland v. King that police can take a DNA sample from someone arrested for violent crimes (e.g., murder, rape) without violating the Fourth Amendment’s protection against unreasonable searches and seizures. The Court reasoned that DNA collection is similar to fingerprinting and mugshots, and it helps law enforcement identify suspects, solve past crimes, and establish identity.
However, this typically only applies to individuals arrested for serious offenses,
- Special Circumstances (e.g., probation or parole):
In some cases, individuals on probation or parole may be required to submit to DNA testing as a condition of their release, particularly if their offense involved serious crimes like violent offenses or sexual assault.
- Victims of crime and other circumstances, CONSENT:
If you are not under arrest and the police do not have a search warrant, they cannot force you to provide a DNA sample without your consent. You have the right to refuse. However, the police may still attempt to persuade you to provide a sample voluntarily, and in some cases, they may imply that it could be helpful to your situation (e.g., clearing your name), though you’re not obligated to comply.
Here are some reasons police may seek your DNA sample: Bottom of Form
A).Eliminate the Victim as a Contributor: In some cases, the victim’s DNA might be found at a crime scene, or on evidence like clothing, weapons, or other items. Police might request the victim’s DNA to confirm that any biological material found at the scene belongs to the suspect or another party and not to the victim. This helps exclude the victim as a potential contributor to the evidence.
B)Collect DNA from a Possible Attack or Assault: In crimes such as sexual assault or violent attacks, DNA evidence (such as blood, saliva, or semen) can be crucial in identifying the perpetrator. Sometimes the victim’s DNA might also be mixed with that of the suspect (e.g., during a struggle). By having the victim provide a sample, investigators can separate their DNA from that of the assailant, aiding in forensic analysis.
- C) Verify Consistency with the Crime Scene: If the crime involves a struggle or there are traces of biological material left at the scene, a DNA sample from the victim can help confirm whether the evidence at the scene is consistent with the victim’s own genetic profile or if it belongs to a suspect.
D).Corroborate Witness Testimony: In some cases, a victim might have limited recollection of details surrounding a crime, or there may be contradictory information. A DNA sample can help verify certain aspects of the crime, such as the victim’s presence at the scene, the nature of the assault, or interactions with the suspect.
Maryland’s DNA Database Law
- Maryland has a DNA Database that is primarily used for identifying criminal suspects. The law allows for the collection of DNA from certain categories of individuals (primarily arrestees or convicted offenders)
- Conclusion:
If you are a victim of a crime in Maryland and the police want to take a DNA sample from you, they typically need to ask for your consent. You have the right to refuse, and they cannot compel you to provide a sample without a warrant or other legal justification. However, the police may still attempt to persuade you to provide a sample voluntarily, and in some cases, they may imply that it could be helpful to your situation (e.g., clearing your name), though you’re not obligated to comply. If you agree to provide a sample, you should insist that the police agree to destroy your sample once the case is closed. You may also restrict the use of the sample you provide to the police.
If you have questions about whether the police may compel you to provide them with your DNA sample, you should consult with an attorney to assist you.