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DNA collection by police in courtroom Nevada


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#1 shannonm315

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Posted 16 January 2013 - 09:08 AM

A warrant was issued for my arrest for a hit and run, in which police thought I was driving. I was pulled over and taken to jail one day and booked on this charge. I got out of jail on bond, and at my first appearance, which my attorney could not be present, I was arraigned and given a new date to appear. As I was walking out of the courtroom, a traffic cop for the LVMPD, grabbed me and escorted me into a room in the back of the judges court and showed me a search warrant, which was SIGNED "SEARCH WARRANT" where it said I was supposed to have signed. He then collected a DNA sample from my mouth. Is this legal? Without my attorney present? Is the courtroom a collection lab? Shouldn't they have collected DNA at the jail when I was arrested? I felt totally violated and had no one there to answer questions and no one in the courtroom saw this or warned me that this was going to happen. It just didn't feel right to me, especially walking out of court.

#2 LegalwriterOne

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Posted 16 January 2013 - 09:31 AM

The subject of search warrants don't sign them. The judge does. If the police had a valid SW, they can seize/gather/collect whatever is listed in the warrant and there's no requirement that your attorney be present when they do so.

#3 Guest_FindLaw_Amir_*

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Posted 16 January 2013 - 09:46 AM

You may want to visit the Criminal Law Center: Criminal Rights and read Search and Seizure as a good resource to learn more about your rights.

#4 Legal_Balla

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Posted 18 January 2013 - 08:08 AM

Have your criminal defense lawyer investigate this matter. Only a trained lawyer can help you litigate a defective search warrant, if any. Make sure you exercise your right to remain silent and speak to no one, except your attorney.

#5 pg1067

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Posted 18 January 2013 - 12:00 PM

Is the courtroom a collection lab? Shouldn't they have collected DNA at the jail when I was arrested?


Taking a mouth swab is hardly a complex scientific process that needs to be done at a lab. I don't know what your second question means, but there's no legal requirement in any state that would require something like this to be done at the jail. Beyond that, I agree with LegalwriterOne.


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