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Can the police take my dna from a cup i drank water from to…

Customer Question
Can the police take...

Can the police take my dna from a cup i drank water from to test on a gun

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

NY 2016

Lawyer's Assistant: Has anything been filed or reported?

Yes i was arrested an indicted

Submitted: 1 year ago.Category: Legal
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3/23/2017
Lawyer: Legal Eagle, Lawyer replied 1 year ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
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Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question?

By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

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Lawyer: Legal Eagle, Lawyer replied 1 year ago

Ok, so the answer to your question is probably yes. Usually, the police need a warrant before they can collect something like DNA. However, some courts have said that a warrant for collecting DNA from a cup for people who have not yet been arrested. However, the biggest debate in the courts right now is over a Maryland law that allows police to collect DNA samples from people who've been arrested for a crime, but have not yet been convicted. The theory is that incarcerated people already forfeit a certain number of Fourth Amendment protections. It is still up in the air, but this is something you may want to tell your lawyer to argue on your behalf that taking the DNA without a warrant was in violation of the 4th Amendment.

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Lawyer: Legal Eagle, Lawyer replied 1 year ago

Let me know if you have any additional questions, thanks for using Just Answer!

Also, it’s the worst part of my job to ask, but would you be able to provide me with your opinion of my service? It helps both me and Just Answer get better on figuring out how to serve you. Remember, follow up questions in this thread are free!

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Customer reply replied 1 year ago
Thank you!
Lawyer: Legal Eagle, Lawyer replied 1 year ago

Oh it's not a problem at all. I'm sorry you're having to deal with that. Come back to this thread if you have any more trouble.

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Customer reply replied 1 year ago
Your service was what I basically read online. It was very helpful. Not worth the $5.00 though.
Lawyer: Legal Eagle, Lawyer replied 1 year ago

Ok, well thank you for coming to the site. I'll put your question back out into the question bank so another expert may be able to help you out:-)

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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