As promised, here are a couple of pdfs and links pertaining to DNA collection. Keep in mind, the attachments are from 2011. Additional states have adopted DNA Fingerprint Act since that time.
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NCSL DNA Database
Virginia
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Arrestee DNA Analysis
§19.2-310.2:1
People arrested for violent felonies must submit a DNA sample to state officials. A probable cause hearing is required before a magistrate or grand jury. The sample is collected after the probable cause determination but prior to release from custody . Expungement of the sample is automatic.
DNA Arrestee Laws
On June 3, 2013, the United States Supreme Court ruled in Maryland v. King that a state law permitting the collection of DNA samples from arrestees is constitutional and does not violate the Fourth Amendment.
In 2009 Alonzo King was arrested on assault charges and submitted a DNA sample in cooperation with the Maryland DNA Collection Act. His sample was matched to a sample from a 2003 unsolved rape case for which he was later convicted. King argued on appeal that the Maryland DNA arrestee law violated the Fourth Amendment and the Maryland Court of Appeals ruled in his favor and set aside his conviction. Maryland appealed the ruling to the Supreme Court.
The Court found that taking a buccal (throat) swab sample for DNA is not a significant additional intrusion into an arrestee’s privacy beyond fingerprinting, a common practice at booking where detainees have a reduced expectation of privacy. The importance of a valid arrest supported by probable cause prior to testing DNA was emphasized in the ruling.
Currently, 29 states have laws for the collection of DNA from individuals arrested or charged with certain crimes.
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Legal Rights and Responses
If federal agents detain and arrest you, they have the authority to take DNA from you and to immediately upload it to CODIS. If local authorities arrest you, depending on the laws in your state, you may be obligated to give a DNA sample. The DNA Fingerprint Act of 2005 allows states to upload profiles to CODIS. Eleven states (
Alaska, Arizona, California, Kansas, Louisiana, Minnesota, New Mexico, North Dakota, Tennessee, Texas and Virginia) currently allow for involuntary DNA collection from individuals merely arrested or suspected of a crime. You should familiarize yourself with the laws in your state and if they do not provide for involuntary collection, you should consult with an attorney before submitting to a DNA test.
Usually the police need a search warrant to collect your DNA unless you have been convicted of a crime. Under federal law, the government requires people arrested for certain crimes to provide DNA samples.
Forensic Science Database | Search by State
3/27/2014
National Institute of Justice
DNA Sample Collection from Arrestees
December 7, 2012