DNA Collected Without Authorization

[aquadia]

if someone moves into your house, and goes thru your stuff and gets dna off of an item at your house, will this be legal in court? history, this person was raised by another man,has his name on the birth certificate, supported by the same man, recieved his assets after his death as well as social security. can this person legally go to court with this information? the person this person is claiming to be her birth father is deceased.
this takes place in alameda county the state of california

[aaron]

How would they be able to prove that the sample came from the putative value, or was properly collected or preserved?