February 25, 2008, 09:22
CoryKneelandTaking a DNA sample from a juvenile for investigative purposes
We have a situation where a juvenile is a suspect in a bank robbery. We would like to take a swab sample for DNA matching on evidence left on the scene. What are the applicable family code statutes (if any) that control how we go about that. Magistrate warnings required? Parental notification required?
Any direction would be appreciated, thanks!
Cory Kneeland
February 25, 2008, 10:38
Stacey L. BrownleeI would just do a search warrant. Since there is no statutory guidance for taking the sample with "consent", why run the risk of creating an issue at trial ?