SC Law Blog

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Thursday, June 6, 2013

Police Powers: Detention Process

So if you know anything about police powers or you have ever been arrested, you are probably familiar with the detention process. If you are not familiar with the detention process, detention is the process whereby the police or an agent of the government removes your freedom of liberty. When the police detain you to question you about your involvement in a crime, they are required to give you the Miranda warnings.  The person detained and interrogated must be made aware of their right to remain silent, the right to consult with an attorney, the right to have an attorney present during questioning and if indigent, the right to have an attorney appointed to you.

When a suspect is detained on criminal charges, part of the police procedure is to fingerprint the suspect. The police have the power to fingerprint you and this is something you can’t refuse. Now, a recent Supreme Court decision has made it legal to take DNA samples from the detained suspect. Justice Kennedy wrote for the majority decision and explained that DNA swabbing is just like fingerprinting and photographing and he called it “a legitimate police booking procedure that is reasonable under the fourth amendment.” For more information on this recent Supreme Court decision, check out:

DNA evidence has come a long way over the years and has become the most reliable method to identifying criminal suspects. It is often used at criminal trials as key evidence. Now, in 28 states, DNA samples can be taken upon police detention.

It is important to consult your criminal defense attorney immediately. You are entitled to have an attorney by your side throughout the criminal process. The law is constantly changing and your attorney knows better than anyone else the ways to avoid criminal punishment. Attorney Daniel Selwa is available for a consultation on your criminal case. Contact Daniel Selwa today to discuss your case.  

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