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  1. #1

    Default I Had a Search and Seizure Warrant for My DNA Served Today

    My question involves search and seizure law in the State of: Illinois

    Story:

    This morning as I left my home for school I got pulled over by a detective and sergeant who were parked outside my house waiting for me. As soon as they approached my car they asked me for identification. Then they informed me that they have a search and seizure warrant to swab my mouth to obtain my DNA for an investigation they are doing. I told them I would like to speak to an attorney before I submit to any DNA tests. From there, the detective said for us to go to the local police station and we will talk more there.

    After arriving at the local police station they put me in an interrogation room. They told me that I need to give them my DNA or else I will be held in contempt. I once again refused to give up my DNA until I had spoken with an attorney. They told me that they are not required to get me an attorney for this particular case. I did not believe them so I still refused to give them my DNA until I spoke with an attorney. They then put me in handcuffs, took me to their cars, and drove me to their county court house, which was 2 counties away.

    Once at their courthouse, they put me in an interrogation room and told me once again that I need to give them my DNA and that they will get it regardless of my decision, so I might as well give it to them right now. If I choose not to, then I will have to wait in the room for 5 hours to go to bond court and see a judge, who will order me to comply or authorize them to hold me down and pry open my mouth anfd forcefully obtain the DNA. I still did not believe them, so I refused again and told them that I would like to speak to an attorney immediately. Their only response was that I am not gonna get a lawyer right now, but that I may get one AFTER giving them my DNA.

    After about 4 hours of sitting in the room, they put me in cuffs and took me to bond court where I finally saw a judge. The judge asked me if I understand what is being asked of me. I replied that I did. Then I told the judge that I am not refusing to comply, I just believe it is reasonable to ask to see an attorney before giving up my DNA to the police. The judge said I can see an attorney after giving up my DNA, but not right now. He then gave me the option to either comply, or he will authorize the police to use "any and all means necessary" to obtain the DNA from me. So I decided to comply. I gave them my DNA and they released me.

    End of Story


    I don't understand how this could be legal to do. I did not do anything wrong. The detectives did not read me my rights, tell me where they are taking me, or give me any type of information about what is going on. They did not allow me to tell anyone where I was going and did not give me a phone to use until AFTER the bond hearing (6 hours after getting pulled over). I felt like I was being kidnapped at one point. I lost an entire day of school on top of this and now I am behind and my grades will suffer.

    Is there anything I can do to fight back? Did the police or judge violate any of my rights? I thought America was free from this bullshit. What should I do? I am now worried to leave my house in fear of them doing this to me again. I did not argue, fight, or resists. I was polite and just asked repeatedly to speak to a lawyer.

  2. #2
    Join Date
    Jan 2006
    Posts
    28,309

    Default Re: I Had a Search and Seizure Warrant for My DNA Served Today

    they had a warrant. That means a court authorized the collection of your DNA sample. You do not have a right to an attorney before complying with a warrant. They can force you to comply.

    Why did they want your DNA?

  3. #3

    Default Re: I Had a Search and Seizure Warrant for My DNA Served Today

    For an investigation they are doing. They did not tell me what the investigation was about. On my copy of the warrant it says something about "aggravated arson". Very serious crimes, but I definitely did not commit any type of arson.

    How can a court make that kind of decision to collect my DNA against my will. It would seem like they would need very strong evidence in order to do so. What should I do? How do I know the warrant wasn't issued illegitimately?

  4. #4
    Join Date
    Jan 2006
    Posts
    28,309

    Default Re: I Had a Search and Seizure Warrant for My DNA Served Today

    How can a court make that kind of decision to collect my DNA against my will.
    just like they can search your house or car against your will or confiscate property against you will when a judge authorizes it. It's because a judge authorized it presumably in accordance with the law.

    what should you do now? It sounds like it wouldn't hurt to start shopping for a lawyer. For them to be able to obtain a warrant for DNA, they had to have some pretty damning evidence suggesting it was you.

    How to know if the warrant was issued properly; hire a lawyer to review it and the claims that the judge said justified the warrant.

  5. #5

    Default Re: I Had a Search and Seizure Warrant for My DNA Served Today

    thank you, jk!

    Would you be able to tell me what my recourse would be if the claims were insufficient to justify the warrant? Would they throw out the DNA sample? Could I sue?

  6. #6
    Join Date
    Jan 2006
    Posts
    28,309

    Default Re: I Had a Search and Seizure Warrant for My DNA Served Today

    It would depend on how egregious the error was. At least, the sample could get suppressed. At most it would be a civil rights violation and yes, for that you could sue but that type of situation is very unusual.

  7. #7

    Default Re: I Had a Search and Seizure Warrant for My DNA Served Today

    ok. Thank you!

  8. #8

    Default Re: I Had a Search and Seizure Warrant for My DNA Served Today

    jk, can you tell me how I can go about obtaining a copy of the affidavit for the search warrant? The police gave me a copy of the warrant but did not provide the affidavit. I strongly believe that probably cause was not established.

  9. #9
    Join Date
    Sep 2010
    Posts
    10,345

    Default Re: I Had a Search and Seizure Warrant for My DNA Served Today

    They're not required to produce the affidavit. They're not even really required to show you the warrant other than to convince you they have one.
    This really isn't a self-help thing, as stated, if they've gone this far, you need a lawyer.

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