Legal Question in Criminal Law in California

Re: 4th Waiver -Obligated to Provide DNA

I am not quite sure of what you mean regarding a 4th waiver for possession/sale of drugs. I have never heard that terminology before. However, with respect to the DNA sample, if law enforcement obtains a warrant to secure your DNA you must submit it. A DNA sample is not testimonial in nature and therefore you do not have a right against self incrimination regarding your DNA sample. I suggest you contact an attorney immediately and discuss all the facts with them. In your question you have not provided all the necessary facts to determine exactly what you are talking about and since I am unfamiliar with your reference to a "4th waiver" I am only providing you with general information. If you are looking for an attorney feel free to contact my office. Good Luck

Re: 4th Waiver -Obligated to Provide DNA

Did they collect a swab from you when you were sentenced? If not, they probably do not have your DNA.

As for the 4th Waiver, you must submit your person, place, or residence to search by police at any time.

I would contact the attorney who handled your case in the first place. He or she should have made clear on the record in court that a DNA sample should not be taken from you. The court likely ruled on this motion in one way or another.

If the court ordered you to submit a sample you need to do it. However, if the court refused to order a DNA sample, you should not be forced to give one at this time.

Feel free to contact me if you have further questions and would like to discuss them. Best of luck.