In some jurisdictions, a DNA sample is routinely taken from an arrestee in a process similar to booking and fingerprinting. In all cases, however, the method of obtaining a DNA sample must comply with constitutional requirements.

The U.S. Supreme Court has permitted police to seize, without a warrant, physical evidence from a lawfully arrested person. In United States v. Edwards, police were allowed to seize an arrestee's clothing to look for paint chips that matched evidence at the crime scene. However, Edwards may be limited by two facts: There was clear probable cause linking the clothing to the crime scene, and a search of clothing for paint chips is not a physically intrusive one. ¹⁰

Because this issue remains unresolved at this time, police or prosecutors may elect to obtain a court order or warrant to permit the obtaining of a DNA sample.

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