Legal Question in Criminal Law in California
Regarding DNA Testing
In a criminal case that involve sexually molestaion of a parent that is being charged.
If both parents were told that they needed to give blood samples along with the child to confirm DNA of one parent and exclude another, for the sake of the state's case.
My question is: Can that same blood drawn for DNA testing be used for any other testing ( such as drugs) by the prosecutor or defense attorney without informing the parties involved.
1 Answer from Attorneys
Re: Regarding DNA Testing
The short answer is: assuming you are not on probation or parole with a "search condition", the prosecutor can lawfully test your blood for drugs only if you consent (be careful what you sign!), or if he has "reasonable cause" to believe you are using drugs. If he tests for drugs anyway, a court should not let him use the results to prosecute you criminally.
On the other hand, the results might end up in children's court or in a proceeding to determine whether you are a fit parent. In those types of proceedings, the child's "welfare" will generally be considered more important than anything else, including your constitutional rights.
Your constitutional rights will not stop the other parent's defense attorney from testing the blood for other things, but your attorney may be able to get a court order forbidding this.
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