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Police requesting DNA.........what rights?

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Old 18 July 2007, 01:13 PM
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alcazar
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Default Police requesting DNA.........what rights?

I don't want to go into the why's and wherefores, but a friend, (no, NOT me), has had the coppers round requesting his DNA for an ongoing investigation.

He wanted to know how long they keep it for, why, and if he had the right to refuse. The copper didn't know, so went away to find out and is back tonight, apparently.

Any lawyers out there advise?

TIA, Alcazar
Old 18 July 2007, 01:17 PM
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Seriously, I'd tell them to go **** themselves. Or just not answer the door.

They can't make you give a DNA sample unless you are convicted of something, or you give your permission.

If it's a good looking WPC, suggest giving a sperm sample.
Old 18 July 2007, 01:21 PM
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But can't they do it if they arrest you? In which case, if they want one, they'll arrest him, and then it'll be fingerprints etc etc, all to be kept forever so that when they want a crime cleared up they can frame him

Alcazar
Old 18 July 2007, 01:23 PM
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Get hold of your partners drool and rub it around your mouth when you hear the door bell and then let them swab you.

Mine came back pregnant
Old 18 July 2007, 01:32 PM
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Originally Posted by alcazar
But can't they do it if they arrest you? In which case, if they want one, they'll arrest him, and then it'll be fingerprints etc etc, all to be kept forever so that when they want a crime cleared up they can frame him

Alcazar
One way or another he's going end up on the DNA database and short of a future givernment scrapping it, he'll be on it for all time.
Old 18 July 2007, 01:33 PM
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Why not just give the sample? I don't see why you would object unless you was criminal?
Old 18 July 2007, 01:35 PM
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Originally Posted by lightning101
Get hold of your partners drool and rub it around your mouth when you hear the door bell and then let them swab you.

Mine came back pregnant
Mine came back with my mates DNA.

Trending Topics

Old 18 July 2007, 01:35 PM
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Originally Posted by Fantom
Why not just give the sample? I don't see why you would object unless you was criminal?
Old 18 July 2007, 01:36 PM
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Not as simple as that, Fantom, he wants to know why they need it and what its for, I don't think I would give it until I knew either TBH
Old 18 July 2007, 01:40 PM
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Originally Posted by Fantom
Why not just give the sample? I don't see why you would object unless you was criminal?
Ho ho! That WAS a joke, wasn't it? You know, along the lines of "you've nothing to worry about unless you are a criminal"?

But try telling that to the young lad who was convicted of something because they found his DNA on a letter...........he just HAPPENED to have posted one in the same box, but HIS DNA was on record, so............another crime cleared up

Alcazar
Old 18 July 2007, 05:20 PM
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they have taken my DNA a few times
Old 18 July 2007, 05:45 PM
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If he's not suspected of anything and they're just doing an area trawl of DNA samples, I would tell them to poke off. They're not going to arrest him just so they can get his prints and DNA sample.. that is unless he is a suspect.
Old 18 July 2007, 06:09 PM
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Soon you won't be able to refuse the government are going to make it compulsive for all UK citizens to go though dna sampling to help in solving crimes and on the war with terror
Old 18 July 2007, 07:32 PM
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Originally Posted by stilover
Seriously, I'd tell them to go **** themselves. Or just not answer the door.

They can't make you give a DNA sample unless you are convicted of something, or you give your permission.

If it's a good looking WPC, suggest giving a sperm sample.
Yes they can! Can take your DNA if you have been arrested - dont have to be convicted. And it's kept for ever......
Old 18 July 2007, 07:44 PM
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Originally Posted by Freelance Badger
Yes they can! Can take your DNA if you have been arrested - dont have to be convicted. And it's kept for ever......
Yep but they've got to arrest you for something first, or take you in for a caution. They're not going to do that as a means to an end just to get your DNA sample. I mean they'd have to have a good reason to arrest you, otherwise that'd open a huge can of worms with people claiming for false arrest left, right and centre.
Old 18 July 2007, 07:59 PM
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Originally Posted by alcazar
I don't want to go into the why's and wherefores, but a friend, (no, NOT me), has had the coppers round requesting his DNA for an ongoing investigation.

He wanted to know how long they keep it for, why, and if he had the right to refuse. The copper didn't know, so went away to find out and is back tonight, apparently.

Any lawyers out there advise?

TIA, Alcazar
In this near police-state you have no rights at all. They can arrest him on suspicion of any trivial or made-up offence and take a sample, along with fingerprints and a photograph.

Its a brave new world.....
Old 18 July 2007, 08:35 PM
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Originally Posted by stilover
Seriously, I'd tell them to go **** themselves. Or just not answer the door.

They can't make you give a DNA sample unless you are convicted of something, or you give your permission.

If it's a good looking WPC, suggest giving a sperm sample.
nice one
Old 18 July 2007, 08:40 PM
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You don't have to give it. Simple.

It can only be taken if arrested.

But refusing can give grounds to be arrested in certain cases.

Depends why they want it.
Old 18 July 2007, 09:12 PM
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Originally Posted by fatherpierre
You don't have to give it. Simple.

It can only be taken if arrested.

But refusing can give grounds to be arrested in certain cases.

Depends why they want it.
Futhermore, you have to be arrested for a 'recordable' offence, ie Theft, any assault, criminal damage etc, rather then a non-recordable offence, such as a driving offence where someone is arrested as their name or address cannot be verified.

Alcazar, I appreciate you won't go into specifics, but the DNA maybe required for elimination purposes. Has your 'friend' been the victim of crime recently??
Old 18 July 2007, 10:15 PM
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Originally Posted by alcazar
But try telling that to the young lad who was convicted of something because they found his DNA on a letter...........he just HAPPENED to have posted one in the same box, but HIS DNA was on record, so............another crime cleared up

Link?


DNA on letters is taken from the sticky bit under the flap. It's rather difficult to see how it could have got there by cross-contamination (true cross contamination, as opposed to the type imagined by defence lawyers and anti-NDNABP people, is actually pretty rare). A far more convincing explanation is that the person in question licked the sticky bit of the letter. If the DNA got there by cross-contamination you'd expect a mix of multiple donors, not just a single clean DNA hit. Like the kind you'd get if they were guilty as charged.


But in answer to the original question, no, he doesn't have to provide, but if he does his profile will stay on the DB for ever.



M
Old 18 July 2007, 10:20 PM
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No it won't.

It will be destroyed if he is giving it voluntarily to eliminate him/her.

It's only kept forever if arrested for a recordable offence.
Old 19 July 2007, 07:14 AM
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Interesting. Because AFAIK the NDNADB now have the legal right to keep the sample forever even if given voluntarily as part of a screen. I assume therefore you are talking about force policy? And is that policy universal?


M
Old 19 July 2007, 09:16 AM
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I was under the impression that any DNA collected, including elimination DNA, was kept on the database.
Old 19 July 2007, 09:21 AM
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Originally Posted by scoobynutta555
I was under the impression that any DNA collected, including elimination DNA, was kept on the database.
It is

The expansion of the database in 2001 to allow for retention of samples even after charges are dropped or an acquittal is obtained, has led to the profiles of 24,000 innocent children and teenagers being kept on the ‘criminal database’. The Sunday Times asserts that some of these children may have simply been victims of or witnesses to an incident
UK National DNA Database retains innocent children's DNA
Old 19 July 2007, 10:56 AM
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Since our leaders want to build a complete database on us all for their own reasons, I would not trust them to destroy any DNA sample they took for whatever reason.

You seem to have a right lot of coppers round your way Alcazar. They appear to be a bit "previous" in all respects. Trouble is they could even use the prevention of terrorism act to arrest him as they did with that elderly man who had the temerity to criticise that creepy politician at their conference with one word for goodness sake!

Difficult to know what to do but I would definitely insist on knowing their reason for wanting the sample.

Les
Old 19 July 2007, 11:29 AM
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'kin 'ell! The mass paranoia on here leads me to think that 99% of the people on here were raised on LSD from their mums bussoms!
I would happily walk into a police station today and give a DNA sample without a second thought.
Stories of stitch ups arent new and go back to the before DNA were even letters in the alphabet and so add nothing to this debate... If you dont want to provide a sample (when not having been arrested) as a matter of principal then that should be up to you, but beyond your moral beliefs there is no sound reason why you shouldnt be itching to get that swab in your gob.

Last edited by Abdabz; 19 July 2007 at 11:32 AM.
Old 19 July 2007, 11:50 AM
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Are we beginnging to get like Gatica?
Old 19 July 2007, 12:29 PM
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DNA is not taken if you are arrested only if you are charged. The same is true when fingerprints are taken. This was the case 4-5 years back.
Old 19 July 2007, 12:48 PM
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Originally Posted by AER-SCOOBY
DNA is not taken if you are arrested only if you are charged. The same is true when fingerprints are taken. This was the case 4-5 years back.
I'll try again

DNA can be taken from those arrested, and retained permanently even if they're not charged or found guilty, and the collection of scene of crime samples is also a valuable mining area. In the case of arrests, you could see situations where large numbers of demonstrators are arrested then released without charge (this happens fairly often), but have their DNA added to the database anyway

Report warns of dangers of UK's DNA database | The Register
My bold
Old 19 July 2007, 12:49 PM
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Originally Posted by OllyK
It is
It's not............

The quote you have presented relates to people who have been arrested and then not found guilty, or never charged. Their DNA was taken as a matter of course after arrest, not to eliminate them, and will stay on the file.

People who are requested to give their DNA but not arrested have their DNA destroyed once comparison has been made and they are eliminated.

Last edited by fatherpierre; 19 July 2007 at 12:55 PM.


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