I is legal?

[mahabubmar]

What is the name of your state (only U.S. law)? colorado
I have recently been arrested for drug possesion and paraphanelia. Only hours after the charges were dropped, 4 police cars pull up to my work and the police MADE me go to the sherrif dept and give a dna sample. i didnt even sighn anything when they collected it. Is this legal?

 

[Just Blue]

What is the name of your state (only U.S. law)? colorado
I have recently been arrested for drug possesion and paraphanelia. Only hours after the charges were dropped, 4 police cars pull up to my work and the police MADE me go to the sherrif dept and give a dna sample. i didnt even sighn anything when they collected it. Is this legal?

Per your post...Yes it is.

 

[LdiJ]

Per your post...Yes it is.

Its a little questionable. The charges had been dropped. I would question their justification for requiring a DNA sample. Did they have a warrant for the sample?

 

[Just Blue]

Its a little questionable. The charges had been dropped. I would question their justification for requiring a DNA sample. Did they have a warrant for the sample?

Per what the OP said ...It was legal.

ETA: Perhaps OP would like to clarify HOW the police "MADE" him submit to a DNA sample.

 

[Silverplum]

Legal.

http://www.denverpost.com/ci_23379349/supreme-court-affirms-colorado-dna-collection-laws

 

[Mt_Vernon]

Legal.

http://www.denverpost.com/ci_23379349/supreme-court-affirms-colorado-dna-collection-laws

The DNA sampling is legal ONLY if the OP was arrested for a felony.

 

[Zigner]

The DNA sampling is legal ONLY if the OP was arrested for a felony.

...or given voluntarily. I'm wondering if the police's version of events will be different than the OP's. I suspect it will be.

 

[justalayman]

The DNA sampling is legal ONLY if the OP was arrested for a felony.

And you think possession of a class IV drug isn't likely to be a felony?


Class 5 felony for first offense


And before you go there: you said arrest, not conviction.

 

[tranquility]

I read the case beforehand and thought the question is difficult. Certainly the police have a right to take DNA when a person is charged with a felony. However, the person is already in custody and the swab for DNA is a de minimis intrusion. (For those charged by indictment, there is a procedure spelled out in the statute on how the sample should be turned over.) Does the statute give the police the right to seize and detain a person solely to enforce compliance?

I don't think so.

In fact:
https://www.colorado.gov/pacific/cbi/crs-16-23-101-katies-law

It seems like the sample is to be destroyed if the charges are dismissed. (Or, at least "qualify" for expungment.) I think the OP, unless the police claim he went voluntarily and he cannot prove differently, has a reasonable issue and should seek counsel.

 

[FlyingRon]

Being ARRESTED for a felony isn't sufficient to compel a DNA sample under the Colorado statement. It takes a indictment (that is from a grand jury), information filing (district court) or complaint filing (county court). It takes the involvement of the DA in addition of the police. Note that released from custody doesn't also mean the charges are dropped. In fact what is possibly happened is that the information was filed between the time he was released and the time he was picked up again. In any event, he should be consulting a lawyer to see what is going on and what he can do about it. Everything we say at this point is purely conjecture.

 

[justalayman]

Inquiring with an attorney who can review the true facts is rarely a bad idea but as always, what is presented here is information only from the poster and can be based on a complete misunderstanding of the criminal prosecution process.

Given the very minimal info provided, seeking counsel is probably the best advice but without anything more from the poster I would add the caution: but do not necessarily expect much, if anything to come from it.

 

[tranquility]

Being ARRESTED for a felony isn't sufficient to compel a DNA sample under the Colorado statement.

16-23-103. Collection of biological samples from persons arrested for or charged with felonies


(1) The following persons shall submit to collection of a biological substance sample for testing to determine the genetic markers thereof, unless the person has previously provided a biological substance sample for such testing pursuant to a statute of this state and the Colorado bureau of investigation has that sample:

(a) Every adult arrested on or after September 30, 2010, for a felony offense or for the investigation of a felony offense. The arresting law enforcement agency shall collect the biological substance sample from the arrested person as part of the booking process.

 

[FlyingRon]

I stand corrected, was looking at an older version.

 

[tranquility]

I stand corrected, was looking at an older version.

What you claimed to be the law IS still the law.

(b) (I) Every adult who is charged with a felony by an indictment, information, or felony complaint filed on or after September 30, 2010, and who is not arrested in connection with the felony charge on or after September 30, 2010, whether because the person's arrest occurred before that date, because the person's appearance is procured by summons rather than arrest, or for other reasons.

(II) In cases where a booking process occurs on or after September 30, 2010, the law enforcement agency conducting the booking process shall collect the biological substance sample from the charged adult as part of the booking process.

(III) In all other cases, upon the adult's first appearance in court following the filing of charges, the court shall require the adult to submit to collection of a biological substance sample by the investigating agency responsible for fingerprinting pursuant to section 16-21-104, and that agency shall collect the sample.