In The News

In The News

Friday, June 7, 2013

Law Enforcement Able to Take DNA Sample Without a Warrant

By Michael Nichols
Categories: Karen L. Phillips, Carry and Conceal

Intrusion of your body by law enforcement without a warrant when merely arrested for a serious crime was found to be legal today and not to have violated the United States Constitution.  Considered to be reasonable by the majority to the court because it requires only a “light touch” by swabbing the inside of a person’s cheek, the Court likened such an intrusion to a current manner of fingerprinting and even photographing of a suspect.  A swab can be done when law enforcement has arrested a citizen for a serious crime and that person is held in custody. 

The dissent of Justice Antonin Scalia rings true to defenders of the Constitution across the country when he stated that “[t]oday’s judgment will, to be sure, have the beneficial effect of solving more crimes.  Then again, so would the taking of DNA samples from anyone who flies on an airplane (surely the Transportation Security Administration needs to know the “identity” of the flying public), applies for a driver’s license, or attends a public school.” 

If you need an attorney to defend your rights, contact the Nichols Law Firm at (517) 432-9000.

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Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.