DNA gathering

[injb]

I was under the impression that in Indiana, if a person is arrested for a felony then DNA is automatically collected - is that correct?

If so, what does it mean when a motion is filed in court like this:

Motion Filed
Authorizing Blood, Saliva, DNA Swab - Motion

I saw that in a case on public.courts.in.gov. The person was arrested for a felony, then this happened several days later. So why does the state have to file a motion for this? Just curious.

 

[JeepHammer]

Indiana has a FELONY CONVICTION law for DNA.
Usually done by the Department Of Corrections when you get time for violent crimes.
They don't collect DNA from everyone remanded to DOC or the costs would be astronomical.
Violent offenders do get DNA swabs in indiana, probably to check for other crimes they are connected to.

An arrest or charge doesn't get the DNA in Indiana.
Misdemeanor doesn't get DNA either. You don't get DNA swabs for traffic offenses or peeing in public, littering, Jay walking, ect.
Huge waste of time & expense, and not relative most times other than big brother wants your DNA...

Probably a good thing too, you can be held under 'Suspicion Of' in Indiana,
(You kinda', sorta' look like 'a guy'... No evidence, we just want your DNA without a warrant)

Just being picked up would get your DNA and that's a HUGE kick in the nuts to Constitution amendment rights.
They 'Arrest' you on 'Suspicion' for 2 hours, collect DNA then release you...

The arrest law states are spending half their budgets defending against unlawful search & seizure law suits because of those arrest laws, not conviction laws.

If they have probable cause, actual evidence, let them run it in front of a judge like the Constitution intended.

 

[injb]

Indiana has a FELONY CONVICTION law for DNA.
Usually done by the Department Of Corrections when you get time for violent crimes.
They don't collect DNA from everyone remanded to DOC or the costs would be astronomical.
Violent offenders do get DNA swabs in indiana, probably to check for other crimes they are connected to.

An arrest or charge doesn't get the DNA in Indiana.
Misdemeanor doesn't get DNA either. You don't get DNA swabs for traffic offenses or peeing in public, littering, Jay walking, ect.
Huge waste of time & expense, and not relative most times other than big brother wants your DNA...

Probably a good thing too, you can be held under 'Suspicion Of' in Indiana,
(You kinda', sorta' look like 'a guy'... No evidence, we just want your DNA without a warrant)

Just being picked up would get your DNA and that's a HUGE kick in the nuts to Constitution amendment rights.
They 'Arrest' you on 'Suspicion' for 2 hours, collect DNA then release you...

The arrest law states are spending half their budgets defending against unlawful search & seizure law suits because of those arrest laws, not conviction laws.

If they have probable cause, actual evidence, let them run it in front of a judge like the Constitution intended.

Thanks...I don't think that's correct though. Here's what I'm basing my statements on:

IC 10-13-6-10 Persons required to provide DNA sample; buccal swab; right to removal; probable cause required Sec. 10. (a) This section applies to the following:


(1) A person arrested for a felony after December 31, 2017.

...

Looks like it's a fairly new law.

Later it does say that they can't use the sample for testing unless either the person was arrested with a warrant, or a court has found probable cause. But in the case I'm looking at, they did find probable cause. But the court still issued orders for fingerprints and dna etc. Maybe they are just making doubly sure or something?

 

[JeepHammer]

I don't know...
I don't deal with felons on a regular basis, mostly the LE end of things,
And when we get together, the conversation is usually about firearms, bikes, fishing or what their idiot friends/family are doing.

The last time I heard about DNA in Indiana it was convicted felons, but admittedly that was a while back...
I know more about what the local Law Enforcement is building in the garage and who's kids/grandkids are getting married to idiots, divorced from idiots, or dating idiots.
(Seems every cop thinks anyone dating their offspring are idiots...)

 

[Mongo59]

They don't have this problem in Kentucky...

 

[Vigilant]

They don't have this problem in Kentucky...

Why, because all the DNA is the same?

 

[ATOMonkey]

The DNA swab for simply being arrested is a big 4th amendment issue and will likely get overturned at some point.

The purpose for passing this law is to make it easier to tie people, to DNA collected at crimes.

Collecting DNA evidence is great, but it doesn't do you much good if there is no one to match it to.

 

[injb]

The DNA swab for simply being arrested is a big 4th amendment issue and will likely get overturned at some point.

The purpose for passing this law is to make it easier to tie people, to DNA collected at crimes.

Collecting DNA evidence is great, but it doesn't do you much good if there is no one to match it to.

So by getting a court order, they're making sure it won't affect this case if the collection law is overturned later?

So do they just do this every time then?

 

[ATOMonkey]

So by getting a court order, they're making sure it won't affect this case if the collection law is overturned later?

So do they just do this every time then?

To the best of my understanding, any evidence collected by court order, will be fairly safe.

I don't know what the SOP is for the prosecutor's office.

As other people have posted, there is a significant backlog in running DNA, and it's not cheap. So, to swab everyone who gets a free ride is just impractical.

The original thought was, while we've got this guy in custody, lets run his DNA to see if he pops for anything else. That's all well and good, but entirely unrealistic.

 

[Mongo59]

Why, because all the DNA is the same?

Yep. That is why you'll never hear of a CSI Kentucky. No dental records and all the DNA is the same...

 

[snorko]

Heck, just mail your suspect a "prize" saying they have won a free "23 & Me" kit. Boom, DNA sample shipped to you.

 

[JeepHammer]

Yep. That is why you'll never hear of a CSI Kentucky. No dental records and all the DNA is the same...

No thumbs, so do the fingerprint types get paid 1/5 less?

No fingerprints, the banjo Strings wear them off.

Webed feet don't leave clear tracks....

Every get away vehicle looks the same "An Old Rusted Out Pickup" with bald tires...