Do I Have to Provide a DNA Sample When Asked By New York Law Enforcement?

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys understand that law enforcement across the United States relies heavily on forensic techniques, including DNA analysis, to investigate crimes.

The question is, do you have to submit to a DNA test when asked by a New York police officer, detective, or investigator?

Our Albany County defense attorneys know law enforcement will often present an individual with a voluntary DNA test to “rule you out of the investigation.” No matter the case, everyone should understand their rights — especially when the police are attempting to tie them to a crime. Unless the police have a warrant, you do not have to provide a DNA sample.

We never recommend giving your DNA to law enforcement without understanding your rights and how and why the DNA will be used.

When Am I Required to Give a DNA Sample to the Police?

Law enforcement may obtain a search warrant or court order to compel you to provide a DNA sample. A judge issues a warrant or court order and typically requires a showing of probable cause. You are legally obligated to comply if you are served with a warrant or court order for a DNA sample.

In addition, since 2012, any defendant convicted of a misdemeanor or felony must give a DNA sample to be added to the New York State DNA Databank. In addition to misdemeanors and felonies, all sex offenders are required to provide DNA samples to the DNA Databank.

Contact Our Criminal Defense Attorney Today

If you have been asked to provide a DNA sample by New York law enforcement, contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to schedule your initial appointment. We have a strong track record of producing real results for our clients and can help protect your legal rights and options from the start of your case.