If a court issues me an order for a DNA samle is it similar to an arrest warrant? 6 Answers as of December 20, 2011
If a statutory rape case is open and I am the main suspect, and a court has issued an order for me to give a DNA sample, is it similar to an arrest warrant? If a police officer pulls me over and checks my license, will he have the right to detain me in order to force me to give a sample? Will they come looking for me to get a sample even if I am living in California, but the investigation is taking place from Florida?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereLaw Office of Daniel K Martin | Daniel K Martin
It is unlikely that the would enforce the court order in California. (In fact, they probably couldn't). Talk to a criminal defense lawyer.
Answer Applies to: California
Replied: 12/20/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
If you have a court order to submit a DNA sample and you do not give it you will be in contempt of court. In California contempt of court is a misdemeanor and if you have contact with the police you will be arrested.
Answer Applies to: California
Replied: 12/20/2011
Hammerschmidt Broughton Law | Mark A. Broughton
No, it is not an arrest warrant. It is more like a search warrant, for that is just what a DNA test is - a search of your body. If you were ordered to give a DNA sample as a condition of probation, then it could possibly lead to a warrant as a violation of probation. Unless it is for a very serious offense it is very unlikely that Florida is going to come to California to arrest you (or pursue extradition). If the court did give the officers a warrant to draw DNA from you during an investigation, there are some remedies a criminal defense attorney can help you with, but again, the possibility of any action being take out of state is very slim.
Answer Applies to: California
Replied: 12/20/2011
The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
If you are the main suspect in an ongoing criminl investigation in Florida I'm fairly certain you were told to not leave that state withoput obtaining prior permission from law enforcement. Therefore you are already in violation with a misdemeanor charge for leaving w/o getting that permission. If you are stopped in Cali and your license is run police will discover any active warrants issued by other states and restrain you on that authority. You will be returned to the jurisdiction that issued the warrant. A DNA sample can be taken w/o your permission if necessary, that is not a violation of your rights.
Answer Applies to: California
Replied: 12/20/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Florida may issue an arrest warrant. May ask CA to extradite you if you are arrested. You should seek counsel.
Answer Applies to: California
Replied: 12/20/2011
Rizio & Nelson | John W. Bussman
It's similar to a search warrant. Investigators can and will do whatever it takes to get that sample.
Answer Applies to: California
Replied: 12/19/2011







