should legal counsel or a neutral third party be present for the physical inspection and collection of biological samples? {DNA, hair, fingernails, et cetera}
if the police bring you in for questioning, and request you pull up your shirt or Yasuda GSR test, is it advisable to have counsel present?
i'm teaching mine to holla LAWYER thru the do', but i want to know. thanks. 😊
2. "this isn't legal advice." In response to Reply # 0 Mon Apr-27-15 02:53 PM by SoWhat
>should legal counsel or a neutral third party be present for >the physical inspection and collection of biological samples? >{DNA, hair, fingernails, et cetera}
SCOTUS says DNA collection while in police custody after a lawful arrest is akin to fingerprinting and photographing - it's just part of the booking procedure. generally a person is not entitled to counsel during booking unless the police are asking questions about the case for which the person is under arrest. DNA collection in that circumstance is not interrogation, per SCOTUS.
>if the police bring you in for questioning, and request you >pull up your shirt or Yasuda GSR test, is it advisable to have >counsel present?
if you're only there for questioning but are not considered in formal custody - ask 'em if you're free to go. if they say 'yes' then leave and come back w/an attorney. if they say 'no' then you're under arrest and in formal custody. at that point just go ahead and let 'em do what they do and allow your lawyer to fight the use and retention of the collected evidence in court.
it's AMAZING how much just the presence of police has over ppl. i advocate asking for a lawyer off rip partially because the literal situation is so intense. you're highly succeptable. {i misspelled.}