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Principles of Forensic DNA for Officers of the Court

Consent

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Photo of police interrogation where police are handing suspect a pen
National Institute of Justice (NIJ) (see reuse policy).

The alternative to obtaining a warrant is to secure a person's consent to giving a DNA sample. The principles governing consent are simple: The consent must be voluntary14

If there is an illegal arrest or detention, a subsequent consent will not be valid if it is the fruit of that illegality. Such consent may be valid, however, if there are intervening events (such as a consultation between the suspect and counsel) that attenuate the effect of the illegal arrest or detention. 15

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