ais id legal if while I was incarcerated for a misdemeanor I was forced to give a DNA sample?

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ais id legal if while I was incarcerated for a misdemeanor I was forced to give a DNA sample?

I pleaded no contest to a Grand Theft charge. It was a misdomoeanor charge, not a felony. I was sentenced to 90 days in county jail. While incarcerated, I was required to provide a cheek swab for a sample of my DNA. Was this legal? I feel my rights may have been violated. I wasn’t under investigation for any other crimes or anything like that. Did they have the right to do that?

Asked on June 29, 2012 under Criminal Law, California

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

In most states, you are required by law to provide a DNA sample upon a conviction of a felony. In most states, Grand Theft is a felony, which would require you to provide a DNA Sample. Regardless, the police are able to obtain a search warrant to have the DNA sample provided in an effort to link to you to other possible crimes if need be. This is normally done when a person has refused to be fingerprinted or refused to provide DNA upon their initial arrest.


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