The U.S. Supreme Court has recently ruled in a controversial 5 to 4 vote that police are legally allowed to collect DNA samples from individuals who have been arrested for an alleged felony crime. This ruling, which upholds a current Maryland law and has been praised by district attorneys throughout Colorado (and the U.S.), refutes the argument that the collection of DNA samples upon an arrest for an alleged felony would violate an individual’s Fourth Amendment right against illegal search and seizure. This means that police are not legally required to obtain a warrant prior to obtaining a DNA sample from a felony arrest suspect.
According to this recent ruling, while police can legally collect DNA samples after a felony arrest (much like they take fingerprints and mug shots upon an arrest), they are not legally allowed to analyze the sample or run it through the state’s DNA database until felony charges have been officially filed against the suspect. In the event that felony charges are not ultimately filed against an individual (because, for example, misdemeanor charges are filed instead or the prosecutor decides there is not enough evidence against an individual to pursue a case against him), then Colorado police will not legally be allowed to analyze the DNA sample.
A Strong Criminal Defense is Key
If you or a loved one has been arrest for any felony crime in Denver, it’s critical that you work with an experienced defense attorney who is dedicated to defending your rights. While a skilled legal professional can immediately get started on building you the strongest possible defense case, he can also work relentlessly to try to get the charges against you reduce or, when possible, dropped altogether.
At the Law Office of Andres R. Guevara, our skilled Denver criminal defense lawyers are committed to providing the accused with the best possible defense and to working tirelessly to helping them resolve their case as favorably as possible. To learn more about your legal rights and receive expert advice on how to proceed with your case, contact us at (720) 379-8262.