According to the totality of the text, I think CKS's interpretation is likely correct.
The
State of Idaho suggests DNA testing of various types is limited to the examples, and when it comes to touch DNA those are:
- Touch DNA analysis is permitted on weapons in murder and attempted murder cases.
- Touch DNA testing may be performed on clothing and body swabs in stranger sexual assaults or sexual assaults of children.
However, there's a note further up in the text that reads:
- Ineligible items may be swabbed for touch DNA by ISPFS for preservation purposes only.
One more, "however," which may grant LE the right to use touch DNA even on an ineligible object if the case warrants:
- This policy is intended to serve as a general guideline for evidence submission to the ISPFS Biology Section. This policy provides clarity and ensures consistent processing of cases across all Idaho law enforcement agencies while maximizing ISPFS resources. Case circumstances vary, and sometimes, deviation from this policy may be necessary. These deviations must be approved by ISPFS staff before testing.
There was a lot of publicity surrounding this case from day one so ISPFS may have approved the testing. Whether it will be admissible, though, or used strictly for preservation as the guidelines suggest is yet to be known.