I was recently stopped by law enforcement and told I had to submit a oral swab, I think my civil rights where violated

Question

I was recently stopped by law enforcement and told I HAD to provide a oral swab due to a partial DNA match connected to a burglary that took place a year prior, (in which I had not committed)the officer didn’t say I had a right to refuse or had an option but instead informed me of what I would need to do in order to be able to leave, is this legal ?

James L. Arrasmith · Answer

Under California law, law enforcement officers typically need a warrant or your consent to collect a DNA sample. If you were told you had no choice but to provide an oral swab without being informed of your right to refuse, this could be a violation of your civil rights. The Fourth Amendment protects against unreasonable searches and seizures, which includes collecting DNA without proper legal grounds. 
 
When an officer demands a DNA sample without a warrant or your informed consent, they might be overstepping their legal authority. You should have been informed of your right to refuse the swab unless there was a court order. It's crucial to understand that any evidence collected without proper procedure might be inadmissible in court. 
 
If you believe your rights were violated, consider seeking legal advice to understand your options and protect your rights. It's important to address these concerns promptly to ensure that any potential misuse of your DNA and violation of your rights is appropriately challenged.

James L. Arrasmith · Answer

Under California law, the situation you described raises significant concerns about your rights. Law enforcement officers generally need either your consent, a warrant, or an exigent circumstance to collect DNA. If you were not informed that you could refuse the oral swab and felt coerced into providing it, this could potentially be a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. 
 
You have the right to refuse consent to a DNA collection unless there is a court order. If the officer did not inform you of your right to refuse or made it seem like you had no choice, this could be problematic. It's crucial to know that coercion or implied threats to obtain consent can invalidate it. 
 
You may want to speak with a legal professional to discuss the details of your encounter and explore your options. Documenting everything you remember about the incident, including the officer’s statements and your response, can be helpful for any future legal proceedings. Protecting your rights is important, and you deserve to understand the legality of what happened to you.

Q: I was recently stopped by law enforcement and told I had to submit a oral swab, I think my civil rights where violated