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  1. #1
    Join Date
    Jan 2008
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    2

    Question DNA Found At Scene Of Burglary In Pennsyvania

    I was charged and convicted in 1999 for a burglary and my DNA was not taken. I got 2 DUI's, served time but in 2005, I got arrested for driving and was incarcerated again. The jail would not let me out of prison until I submitted a DNA sample, other inmates were saying this was normal. My charges were not violent and they did not include any sexual charges.
    The first commited felony was in 1999 not 2005, was it legal in Pennsylvania for the Berks County Prison in Reading, Pennsylvania to take my DNA. Of course, I got in trouble again in 2006 for another burglary of a commercial building and convicted. A sample was not taken for the 2006 conviction.
    I was contacted by a legal official for suspicion of another burglary in 2004 because my DNA was on a bottle at the scene of the crime and a match was made. My question is concerning the DNA sample taken in 2005, was it lawful for them to take it since it was not a violent offense. Pa Csa title 44 §2317 is stating "violent" offenses and "other specified charges". Does this statement in Title 44 mean?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: DNA Found At Scene Of Burglary In Pennsyvania

    I believe you are looking at a former version of the statute. You can look up a current (unofficial) version here.

    The Pennsylvania Code, Title 37, Chapter 58, defines "other specified offenses:
    Other specified offenses - An offense, or an attempt, conspiracy or solicitation to commit an offense, under one or more of the following:
    (i) 18 Pa.C.S. § 2502 (relating to murder).

    (ii) 18 Pa.C.S. § 2709(c)(2)(ii) (relating to harassment and stalking).

    (iii) 18 Pa.C.S. § 3126 (relating to indecent assault).
    Note also the following statute:
    Quote Quoting Pennsylvania Consolidated Statutes § 2323 - Good faith
    A DNA sample obtained in good faith under this subchapter shall be deemed to have been obtained in accordance with the requirements of this subchapter, and its use in accordance with this chapter is authorized until an expungement is obtained pursuant to section 2321 (relating to expungement).

  3. #3
    Join Date
    Jan 2008
    Posts
    2

    Default Re: DNA Found At Scene Of Burglary In Pennsyvania

    I have read this Act and the revised version but neither make reference to DNA submission for a commercial burglary where not no one was there, got hurt or was otherwise physically harmed. The good faith has been mentioned to me and I was wondering how this could be challenged? Would I be able to have it expunged before any other legal action is taken against me or should I wait and challenge the authorities if I am charged?

  4. #4
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: DNA Found At Scene Of Burglary In Pennsyvania

    Damn it! How many places have you hit?

  5. #5
    Join Date
    Nov 2007
    Posts
    811

    Default Re: DNA Found At Scene Of Burglary In Pennsyvania

    I got 2 DUI's, served time but in 2005, I got arrested for driving and was incarcerated again. The jail would not let me out of prison until I submitted a DNA sample, other inmates were saying this was normal. My charges were not violent and they did not include any sexual charges.
    From what you noted, it appears that you had 3 DUIs or 2 DUIs and then a Driving on Suspension. IF you were convicted of 3 DUIs and didn't have diversion or PBJ for any one of them then you are likely a convicted Felon. If you have 2 DUIs and a Driving on Suspension then you should not be a Felon for those crimes.

    PA updated their state code (can't find the code section) to include those convicted of all Felonies; that was in 2004. In addition, in 2003 they added burglars to the list of people required to submit DNA samples. I can't find where misdemeanor B&E is covered. Were any of your burglaries Felonies? If so then you are a convicted Felon and it likely triggered something in their computer system to get a DNA sample before turning you loose in 2005.

    What is not clear is whether or not a DNA sample is requested if you are arrested for a separate and unrelated crime, such as DUI Misdemeanor or Felony DUI, but have only misdemeanor burglarly charges on your record.

    Regards,

    UBF

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