Q: Can a Detective be charged for releasing DNA evidence to someone not involved in a active investigation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
If a detective releases DNA evidence to someone who is not involved in an active investigation, they could face legal consequences depending on the circumstances. DNA evidence is typically considered sensitive and confidential, protected by both privacy laws and legal protocols. Sharing such evidence improperly may violate laws regarding the handling of criminal investigations and personal information.
For example, releasing DNA evidence to unauthorized individuals could result in criminal charges such as misconduct, breach of duty, or even violations of privacy laws. This might also open the detective up to civil liability if the disclosure causes harm to the person whose DNA was released. Additionally, the detective could face disciplinary action within their department, such as suspension, demotion, or termination.
It is essential for detectives to follow strict protocols when handling evidence to protect the integrity of investigations and the rights of individuals. Releasing such information improperly undermines trust in law enforcement and could compromise cases. If this situation has occurred, it would be wise to consult with legal counsel to better understand the implications and next steps.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
