Pre-Charge DNA Swabbing in the US.

Today the Supreme Court Of The United States (SCOTUS) has ruled by a margin of 5-4 that it is lawful for police to compel DNA samples from felony suspects after they've been arrested but before they have been charged or convicted. I think this is just something that has been an issue within the US legal system for a long time now.

On one hand if you have someone accused of rape a sample of their DNA will quickly prove whether they have engaged in sexual intercourse with the alleged victim or not. Therefore allowing the police to compel DNA samples from arrested suspects will help speed up the criminal justice system which is good for both victims and those who have been wrongly accused. On the other hand the - I think - 5th amendment protects someone against self-incrimination. However this was written a very long time before DNA testing became possible and was only really intended to guarantee the right to silence on interview. DNA sampling seems to me to be just another one of the searches that the police are allowed to carry out having proved there is probable cause to make an arrest. It is actually standard practice here in the UK and my DNA has been in the police system for a good ten years. The real issue of course is what happens to the DNA samples of people who then go on to be proven innocent?

The only possible connection I can see with my current legal travails is that the Officer In Charge (OIC) of the case is arguing that it was necessary to bail me in order to carry out forensic examination of the hammer. This is of course nonsense because I freely admitted at interview that the hammer was my possession and will therefore be legitimately covered in my fingerprints and possibly DNA. Even if it is found not to contain fingerprints or DNA other than mine it also does not prove that no-one else had handled it. After all it didn't magically float to the police station. Also forensic evidence proves that a physical act has occurred it does not prove a crime has been committed. Finally in the UK fingerprint and DNA testing takes around 7-10 days depending on case load. I've been bailed for in excess of 30 days.

As for the news that the US Attorney General Eric Holder is under investigation that is definitely a hint. After all the UK Attorney General Dominic Grieve should have already been in contact with the Crown Prosecution Service (CPS) to inform them that he is aware of the case. The CPS in turn should have already been in contact with the OIC to inform him that there is no case to answer.


(Originally Posted) 16:15 on 3/6/13.