Wife forced to give DNA sample.

[KSBadboy30]

What is the name of your state (only U.S. law)? Kansas.. Oh i thought all my problems where over..

My wife was recently arrested for Felony Criminal Threat and misdeanor phone harrassment. When they booked her into jail they told her that since it was a felony she had to give them and DNA sample. She refused and they told her she would be charged with an additional misdeanor charge if she refused so she gave in and let them take a DNA sample.

At preliminary hearing the Judge threw the felony out and told both the cop and DA that they never had enough evidence and that my wife should've never been arrested.

The question is in Kansas i though they could take your DNA after you CONVICTED and on only certain Felony charges?

We've contacted the Kansas/Western Mo office of the ACLU and they requested more info in this matter.

Any comments in this matter would be appreciated since Kansas law enforcment like to make there own rules around here....

[dave33]

More and more states are requiring d.n.a. Although, from what I understand it is only after a felony conviction and is part of the terms of your probation. Sounds like your wife was tricked. Although it would take some research into your state to make a full determination. Also, there may be a clause for a terror threat.

[KSBadboy30]

It wasn't like she was terrorist, this girl said my wife threatned to kill her or something along those lines.

[Blue Meanie]

Originally Posted by KSBadboy30

It wasn't like she was terrorist, this girl said my wife threatned to kill her or something along those lines.

That WOULD BE A "terroristic threat".

[ERAUPIKE]

Originally Posted by KSBadboy30

What is the name of your state (only U.S. law)? Kansas.. Oh i thought all my problems where over..

My wife was recently arrested for Felony Criminal Threat and misdeanor phone harrassment. When they booked her into jail they told her that since it was a felony she had to give them and DNA sample. She refused and they told her she would be charged with an additional misdeanor charge if she refused so she gave in and let them take a DNA sample.

At preliminary hearing the Judge threw the felony out and told both the cop and DA that they never had enough evidence and that my wife should've never been arrested.

The question is in Kansas i though they could take your DNA after you CONVICTED and on only certain Felony charges?

We've contacted the Kansas/Western Mo office of the ACLU and they requested more info in this matter.

Any comments in this matter would be appreciated since Kansas law enforcment like to make there own rules around here....

It was your state legislator that made those rules. dave is incorrect again. The state of Kansas requires D.N.A. samples from anyone receiving a felony conviction, certain misdemeanor convictions, or has been arrested for a felony.

The state was correct in demanding a D.N.A. sample from your wife.

[dave33]

You are ridiculous. The judge threw out the charges and said she never should have been arrested. The state requires anyone arrested for a felony to give d.n.a. I doubt anyone of sound mind would consider the state to be "correct" in demanding the sample of a wrongly accused person.Maybe legal at the time of arrest, but compounding wrongs does not equal correctness.

[ERAUPIKE]

Originally Posted by dave33

You are ridiculous. The judge threw out the charges and said she never should have been arrested. The state requires anyone arrested for a felony to give d.n.a. I doubt anyone of sound mind would consider the state to be "correct" in demanding the sample of a wrongly accused person.Maybe legal at the time of arrest, but compounding wrongs does not equal correctness.

I guess it must be ridiculous for the corrections officers to do their job as mandated by state law. The last time I checked a corrections officer is not afforded the authority to make the decision of whether a charge is valid or invalid.

In January 2005, President Bush signed the DNA Fingerprinting Act, which allows authorities to collect DNA “fingerprints,” or samples, from anyone arrested on any federal charge. Federal sampling has not yet begun, said Ann Todd, a spokeswoman for the FBI laboratory in Quantico, Va., home of the national DNA database.

In every state but Louisiana, arrestee DNA sampling is limited to those arrested for felonies. The Bayou State, however, also allows sampling of those arrested for some misdemeanors, including prostitution and assault.

California, Louisiana, Kansas and New Mexico and the federal government can keep DNA records even if arrestees are cleared of all charges.

[dave33]

I acknowledge proper protocol was followed after the initial arrest. I just do not feel it was,is or ever will be "correct" to further an injustice.

[ERAUPIKE]

Originally Posted by dave33

I acknowledge proper protocol was followed after the initial arrest. I just do not feel it was,is or ever will be "correct" to further an injustice.

How was this furthering an injustice?

[dave33]

I would consider being wrongly charged an injustice. Therefore,any further action taken against the wrongly accused, solely because of the allegation a further injustice.

[ERAUPIKE]

Originally Posted by dave33

I would consider being wrongly charged an injustice. Therefore,any further action taken against the wrongly accused, solely because of the allegation a further injustice.

It would be an injustice by the women who brought the false allegations, not the court system that subsequently exonerated her.