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Criminal procedure and evidence issues often arise when DNA is collected during a criminal investigation. DNA reference samples may link an individual to a crime or eliminate them from the investigation entirely. Since the means by which law enforcement obtain these samples involves government action, the 4th Amendment of the Constitution is triggered.
Prosecutors should look to their individual state laws for guidance regarding controlling legal principles. Law enforcement typically may obtain DNA samples from individuals suspected of committing a crime in several ways. In this topic you will learn about admissibility, to include:
- Court orders (search warrants)
- Consent
- Current and future DNA comparisons
- Abandoned sample
- Statutory DNA collection laws
- Frye and Daubert tests
Additional Online Courses
- What Every First Responding Officer Should Know About DNA Evidence
- Collecting DNA Evidence at Property Crime Scenes
- DNA – A Prosecutor’s Practice Notebook
- Crime Scene and DNA Basics
- Laboratory Safety Programs
- DNA Amplification
- Population Genetics and Statistics
- Non-STR DNA Markers: SNPs, Y-STRs, LCN and mtDNA
- Firearms Examiner Training
- Forensic DNA Education for Law Enforcement Decisionmakers
- What Every Investigator and Evidence Technician Should Know About DNA Evidence
- Principles of Forensic DNA for Officers of the Court
- Law 101: Legal Guide for the Forensic Expert
- Laboratory Orientation and Testing of Body Fluids and Tissues
- DNA Extraction and Quantitation
- STR Data Analysis and Interpretation
- Communication Skills, Report Writing, and Courtroom Testimony
- Español for Law Enforcement
- Amplified DNA Product Separation for Forensic Analysts