Mandatory DNA Swab by Law Enforcement
A law went into effect earlier this year in July that requires law enforcement to collect DNA from a swab of your cheek whenever you are arrested for a felony. If probable cause is established to arrest you, law enforcement can then run a search of your DNA to see if there is any connection between your DNA and other crimes that have been investigated..
While this may sound like a good idea in catching people who have committed unsolved crimes, when looking at in light of its constitutionality, there may be issues. Essentially, if you are suspected of committing a felony, you are now being investigated for committing all other crimes within a database for which there is no probable cause or reasonable suspicion to be investigating you for. In this society an accused defendant is innocent until proven guilty, however, once accused of a felony, this law opens you up to being investigated for and arrested for other felonies in which no law enforcement had any reason to believe you committed prior to running your DNA. In Nevada, this law is called “Brianna’s Law” after a girl who was murdered in Reno in 2008.
If you or anyone you know has been accused of a crime in Las Vegas, it is very important to contact an experienced criminal defense attorney immediately. The attorneys at Bellon & Maningo are experienced in defending these cases, as well as protecting you from any constitutional violations that may occur, such as arrests made for other crimes without any probable cause based upon a DNA swab taken in connection with a separate felony..