Can Police Take a DNA Sample If Arrested?

October 30, 2018
DNA Sample

DNA Sample

 

Yes, if arrested for a felony. The Indiana Lawyer recently published an article about a new law in Indiana that allows for authorities to take a DNA sample.

Indiana authorities are now required under a new state law to collect a DNA sample from those who are arrested for a felony crime.

The law that took effect Monday requires that police collect a DNA cheek swap, along with fingerprints and photographs, during the booking process. That will enable law enforcement to check a database for matches with DNA evidence gathered in other crimes.

The sample may be expunged from the system if an arrestee is acquitted, a charge is lowered below a felony, or if no charges are filed after a year.

State legislators approved the new law last April. Supporters contended it would help solve crimes, along with exonerating the innocent. Critics argued the DNA collection goes against the U.S. Constitution’s protection from unreasonable search and seizure. With the change in law, Indiana joins the majority of states that collect DNA samples from felony arrestees.

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