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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23917
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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If your not in custody. Under what circumstance if any are

Customer Question

If your not in custody. Under what circumstance if any are you Obligated to give a mouth swamped of your DNA? What exactly is fourth amendment right?
Submitted: 22 days ago.
Category: Legal
Expert:  LegalKnowledge replied 22 days ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 22 days ago.

Good morning. A person does not have to voluntarily do this unless in custody or under an order of the court, to comply and submit to it. If the person is a suspect in a crime, the police can seek an arrest warrant and take them into custody and take a swab, to determine if they are linked to the alleged crime. However, the person does not have to voluntarily submit to one and can refuse one as well, if they desire. Here is also a link that shares examples of how the 4th amendment applies as well.

http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0

Expert:  LegalKnowledge replied 22 days ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Customer: replied 22 days ago.
I'm trying to figure out Under what circumstances does the court have the right to order a person not in custody to give they DNA?
Expert:  LegalKnowledge replied 22 days ago.

If the person was of interest and considered a suspect in a crime, in which a DNA sample is needed. The burden would be on the State to present evidence and show why this is at issue and why they think this person was involved, for the Judge to order it.

Customer: replied 22 days ago.
let's say it was three people in a car. Police stop the vehicle and found a handgun. They arrested all three people no one admitted to the weapon. So everybody is obligated to give a DNA sample mouth swab? The Judge is able to make everybody give their DNA?
Expert:  LegalKnowledge replied 22 days ago.
I doubt that would happen. There would be no need for a mouth sample when finger prints could be taken of each person upon arrest and then lifted off the gun
Customer: replied 22 days ago.
Even if everyone out on bond.
Expert:  LegalKnowledge replied 22 days ago.

Yes, at this time I could not see any reason for a DNA sample. If they were arrested, they were printed and they could just run the prints.

Customer: replied 22 days ago.
if the judge told a person that was out on bond after he's been finger printed. That the person had to give their DNA. Would he be violating that person 4th Amendment rights?
Expert:  LegalKnowledge replied 22 days ago.

No, they would not. The reason being is that they were arrested and charged and the Judge has the legal ability to order submission to a DNA test. Their 4th amendment right would not be violated if the State could show and present evidence as to the basis for this swab.

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