U.S. flag

An official website of the United States government, Department of Justice.

Principles of Forensic DNA for Officers of the Court

Search and Seizure Issues

Home  |  Glossary  |  Resources  |  Help  |  Contact Us  |  Course Map
 

Photo of the constitution
National Institute of Justice (NIJ) (see reuse policy).

The defendant needs the following information:

  • DNA (or bodily fluids containing DNA) may be seized by court order, or as a result of an arrest.
  • Neither the right to privacy nor the privilege against self-incrimination prevents the seizure of DNA.
  • Genetic material left at a place where there is no expectation of privacy may be seized.
  • Refusing to cooperate in a court-ordered DNA test may be admissible as evidence against the defendant at the time of trial (or at sentencing).

Back Forward