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Can someone say no to dna testing?
For example, in the OJ simpson case, could OJ say no to DNA testing? Could he have said no to blood samples?
If you arent familiar with the case; Lets say John was convicted of killing Julia, there is blood everywhere, blood of Julia on the ground and blood of someone else. The police think its Johns blood. Can John say no to blood samples as the police would request John for them?
3 Answers
- Lone CatLv 77 years ago
If the police ask you for dna, you have the right to say no. Then the police will get a warrant or court order to obtain your dna. The police or the district attorney have to show a judge that there's enough evidence to support the warrant.
It's basically the same as searching your house. You can say "no" and then the police can ask a judge for a warrant. If the police get the warrant then you legally have to allow it, and if you don't allow it the police can force you.
- jaymes_07Lv 77 years ago
The police would likely obtain a subpoena for a DNA test. Once that is granted, it is a court-order, and John cannot refuse.
Also- for your example, John would be either suspected or charged with killing Julia, not convicted. Convicted means you have been found guilty in court. A DNA test after conviction would be pointless from the police perspective because he was already found guilty at trial.
