fbpx

DNA Samples and Constitutional Rights

by | Jan 24, 2014 | Criminal Defense, DUI & DWI, Felony DUI

Charlotte AttorneyOne of the basic rights guaranteed to us by the United State’s Constitution is to be protected from “unreasonable searches and seizures” under the Fourth Amendment.

This Amendment is included in the Bill of Rights, meaning that it was an original amendment set forth by the fore fathers and drafters of the Constitution.However, since strict constructionalists are loosing the battle to the Justices who believe that the the Constitution is “ever- changing” and that and the law continues to evolve to defined “exactly what unreasonable is”, especially with the new advances in our technology.

When property or person that is being searched or seized is protected by the 4th amendment than law enforcement officers must either obtain a warrant of fall within one of the warrant exceptions. It would seem that anytime law enforcement searches your person. or takes anything from you than it should be protected, right? Perhaps not.

Ever since a new law that was passed in 2011, this search may be done without a warrant. Granted this is allowed for only certain felonies but the fact that it can be done at the time of arrest and entered into a statewide or national database seems like it should be allotted 4th amendment protection.

Thusly, North Carolina law enforcement may currently take a DNA sample from you if you are charged with certain and distinguished felonies.  This is usually done with a cheek swab which swabs the inside of your cheek. This may seem intrusive, however it is now permitted without the usage of a warrant under the Fourth Amendment’s protection of “unreasonable searches and seizures.”

The U.S. Supreme Court may be hearing case in their next session to determine if DNA samples should be afforded greater Fourth Amendment protections. The DNA evidence may be crucial to solving some cases and is indeed necessary to ensure justice is served.

However, it is just as important to ensure that people are protected from unreasonable searches and seizures, and law enforcement should be required to obtain a warrant to get this evidence.

If you find yourself in a situation that sounds as the aforementioned, you need to hire an attorney who knows and understands complex criminal law.  Our attorneys at Robert J. Reeves, P.C. toll free 877-374-5999 for more information on your case.