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Principles of Forensic DNA for Officers of the Court

DNA Collection in a Public Place (cont.)

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As a general rule, however, when evidence is obtained in a criminal investigation or proceeding, several constitutional rights might be involved:

  • The fourth amendment protection against unreasonable searches and seizures.
  • The fifth amendment privilege against compelled self-incrimination. 3
  • The sixth amendment right to counsel.
  • The guarantee of due process of law.

In most instances, there will be no fifth or sixth amendment issue.

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