DNA taken legally?

[tyria_Mykerra]

Georgia -- About 4 years ago, before I met my husband, he was in a relationship with a 16 year old girl. After they split up, she found out she was pregnant and she gave birth to a little girl. When the baby was 6 months old, her father decided to press charges against my husband. In order to have enough evidence against him, they needed his DNA to prove he was the father to this girl's baby. The detectives came to the house while we were asleep. They banged on the door and I got up and answered it. I had law enforcement in my yard and the house was completely surrounded. A detective asked my husband for his DNA and he gave it to them. I do not know why it took so long but a month later, they charged him with statutory rape because it came back that he was "the father". I was told that they were suppose to pick up my husband and take him to a lab to have his DNA retrieved. Well, he took a plea bargain. They told him at court that he can take the offer of 15 do 4 or go to trial and get alot more. He took the four years and he is in prison right now serving his sentence.

Were they suppose to take him to a lab to get his DNA instead of the detectives getting it themselves? Was it legal for them to take it the way they did?

 

[seniorjudge]

The cops did nothing wrong.

Google fourth amendment non-testamentary evidence


But, I suspect, everyone will want to know why you would marry someone you knew was a child molester?

 

[justalayman]

Your husband apparently willingly provided the sample. As to was it legal; yes. What you may be referring to is; was this evidence legally admissable against your husband should he have gone to trial?

In that case, it is irrelevent since he took a plea and did not go to trial. If he had, he could have attempted to have the evidence rejected based upon the method of collection and the chain of possession involved but it is all water under the bridge as he gave up all concerns with this by taking the plea and not going to trial.

 

[CavemanLawyer]

You never take someone to a lab to get their DNA. If you want to obtain a DNA sample than you do it through a buccal swab just using a Q-Tip. There's no reason to go anywhere special. What you probably heard was that they were going to send the DNA off to a lab to be tested, and perhaps he plead before that was done.

DNA can always be obtained voluntarily if the suspect is willing. If there is evidence of force or coercion than the sample can be deemed to have been unlawfully obtained and cannot be used against him. But if they had probable cause that this sex offense may have been committed, which it certainly seems they did, than they can always just obtain a warrant for the DNA sample. This can be done even after the old sample was thrown out, if it had been obtained unlawfully. If they wanted the DNA, they could have gotten it one way or another.

You can also obtain DNA without a person's knowledge if you can get it off of some object that the person is no longer in possession of. There is no expectation of privacy in DNA that you leave behind on objects.

I understand that you feel pretty helpless with your husband now in prison over this, but if he accepted a plea agreement than there is a very limited right to appeal. It sounds like the evidence is fairly conclusive also if paternity was proven.