Legal Question in Criminal Law in Massachusetts

Acquiring DNA in a criminal case

If a Distric Attorney does not have enough evidence against a suspect to compel that person to give up their DNA, can they legally go to that person's employee and ask for access to that employee's work area and gather the DNA from there (e.g. ask their employer if they can visit the employee's work desk and get a hair from that person's chair or skin from their keyboard)? Since the employee's work chair and keyboard are property of their employer shouldn't that give the employer the right to give those items to a DA, as they don't actually belong to the employee?


Asked on 3/22/04, 2:43 pm

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Acquiring DNA in a criminal case

A search warrant is only required to search a place to which a person has a reasonable expectation of privacy under the Fourth Amendment to the U.S. Constitution.

JOSEPH M. MURRAY, ESQ.

56 NORTH BEDFORD STREET

EAST BRIDGEWATER, MA 02333-1173

(508) 378-3944

[email protected]

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Answered on 3/22/04, 2:58 pm


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