Me and my family members are being asked to take a DNA test for a murder investigation that is going on.

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Me and my family members are being asked to take a DNA test for a murder investigation that is going on.

My landlord was murdered in his home and we rent the upstairs apartment.  My son was the only person present in the residence during this crime.   Can I refuse to take test as well as my family?

Asked on June 9, 2009 under Criminal Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It depends.  Constitutional issues and case law comes into play here -- i.e., do the police need a warrant to seize this from you or you must simply abide because like fingerprints it is not testimony.

It may simply be to get rid of suspects or samples readily in the landlord's place.

Have you been interviewed?

REMEMBER, the police can collect it without needing you to okay it as long as you leave evidence of your dna somewhere in the public wherein they can simply take the item or swab it.

 

You are better off consulting with a criminal defense attorney who has experience with the constitutionality of DNA testing and warrants or lack thereof. Try www.attorneypages.com and check his or her record at the New York State Bar.


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