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ND: Taking DNA sample by search warrant was not a "critical stage"

By John Wesley Hall, Jr.

A juvenile accused of a forced sex offense did not have a right to have an attorney or his parents present for execution of a search warrant for his DNA because it was not a "critical stage" of the proceedings. Also, the affidavit for the search warrant did not omit any material facts to the finding of probable cause. State v. Poitra, 2010 ND 137, 2010 N.D. LEXIS 132 (July 13, 2010): [*P25] In general, a criminal defendant does not have a constitutional right to an attorney before submitting DNA during the execution of a search warrant. See, e.g., McClain v. State, 410 N.E.2d 1297, 1303 (Ind. 1980) (no right to counsel during execution of a search warrant for internal body secretions, swab emission test does not involve attempts to get testimony or assertions and is not a critical stage of the proceedings); State v...continue to full post

Full post as published by Fourth Amendment on July 16, 2010 (boomark / email).