Legal Question in Criminal Law in Maryland
Can police officers forcefully take your DNA with an Application for search and siezure warrant that was signed by a judge? Is an Application for search and siezure warrant a real warrant or just and application?
Asked on 9/04/09, 8:04 pm
1 Answer from Attorneys
William Welch
William L. Welch, III Attorney
A judge can authorize a warrant to take a DNA sample, and courts have upheld the use of force, if necessary. Although the paper may read application, the judge's signature makes the document valid. However, if the warrant were obtained by dishonesty, or if unreasonable force was used, the DNA evidencemay be suppressed.
Answered on 9/09/09, 9:47 pm
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