Pueblo, CO asked in Criminal Law and Juvenile Law for Colorado

Q: My son is 17 and he was "court ordered" to submit his dna. I was not present nor was I notified. Is this legal?

Two police officers went to my son's school yesterday and ordered him to submit dna via cheek swab and they took his picture. My son called me immediately after to tell me and I was at the school within 5 minutes. I asked the officers why they would do that without my consent and their response was that they had a court order to collect the information from my son. I went to the police dept today and they told me they were trying to rule my son out as a suspect in a recent burglary caught on camera. Apparently they received a tip that my son was one of the suspected perpetrators in that recent burglary. He was not involved in the crime. Is it legal for them to gather such evidence without parental consent?

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2 Lawyer Answers

A: Yes, it is with a court order.

A: Questioning does require a parent, guardian or lawyer--even if not asked.

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