If the police asked for a swab of my check for DNA purposes regarding a sexual assault and I gave it to them, should I still consult with an attorney?

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If the police asked for a swab of my check for DNA purposes regarding a sexual assault and I gave it to them, should I still consult with an attorney?

I am an international student living in the United States. I was walking back from campus after spending the night in my office when a cop stopped me. He told me that there had been a sexual assault in the area and the victim described the perpetrator as wearing an orange striped shirt. I had a jacket on with a yellow border on it which according to him was close enough. He took my picture and had my backpack checked. I was very cooperative and did not stop him. He told me that I don’t look a guy who would do a serious crime like that but just to be sure asked me for a cheek swab. That instantly had me worried. But I did not say no and let him take the swab. 12 hours have passed. What should I be doing now? Should I be talking to a lawyer?

Asked on June 7, 2015 under Criminal Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

DNA is highly accurate. Have you had any physical contact with a female recently who *might* have miscontrused the contact as sexual assault? If so--if there's any chance at all that swab might match a DNA sample taken from a local woman--then yes, speak with an attorney. If you have had not recent contact with local women, then there seems no reason to worry, since hte sample should not show a match.


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