DNA evidence has made it much easier for law enforcement officials to solve criminal matters or to finally close the book on that cold case that’s been sitting on the shelf for years. Our genetic makeup is unique, so DNA can play a big role in honing in on a suspect or clearing their name. But if police ask you to submit a DNA sample as part of an investigation, are you required to comply? We explore whether or not you are legally obligated to provide a DNA sample in Minnesota in today’s blog.
Submitting A DNA Sample
A DNA sample is usually conducted by taking a quick swab of the inside of a person’s mouth or cheek, so while it’s not very invasive, that doesn’t mean you should always just comply with a request to submit a sample. You may assume that there’s no harm that can come of submitting a sample if you’re innocent, or that opting not to submit a sample will make you look guilty, but don’t let misconceptions or fear guide your decision making.
DNA collection is essentially a search of your persons or your property, meaning that the only way police can legally have you submit a DNA sample is with:
- Your permission and consent
- A warrant
- A court order
Outside of any of those factors, you can simply state that you do not wish to provide a DNA sample at this time, but you will certainly submit if there is a warrant or court order. That is not a sign of guilt, it is simply an expression of your fourth amendment rights and protections.
The laws change slightly when we’re talking about juveniles in Minnesota. Beginning August 1, law enforcement will be required to obtain parental consent, a warrant or a court order before collecting DNA evidence from a juvenile, even if the juvenile has no qualms about submitting a DNA sample.
Finally, it’s also worth noting that police will likely use this time to ask you questions about the case in question. It may not feel all that official, but make no mistake, you are being interrogated and anything you say can be used against you in the court of law. If you are going to provide a sample, even if it’s only because police have a warrant for collection, let them know that you will only be submitting a sample and will not be answering any questions without your lawyer present. They may still try to ask questions, but know that they are trying to learn more about your involvement, and it’s best to only answer these types of questions when your lawyer is in the room with you.
So remember that you can always invoke your fourth amendment rights and opt not to submit a DNA sample unless police have a warrant or a court order, and refusing to submit will not be held against you in the court of law. For more information about criminal matters or making the right choices when you’re the subject of an investigation, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
