Why cant I get my DNA back?
before a person is allowed to be put on probation you are forced to give your DNA, or you do not get probation. My question is once your done with probation why is it not given back to you. Once off of probation you have all rights as a citizen, if this is true then why is it kept on record?
Answers:
don't worry, i'm sure you still have some DNA left in your body...you won't run out.
they keep it because legally they can and to use in comparison for future crimes.
When it was given you didn't have all your rights, thus they are allowed to keep it.
The crime that you committed that allowed them to take it still happened. Now, if you were pardoned you could probably get it destroyed.
But you weren't. So you can't.
It's not given back so it can be used against you again in the future. The pigs figure once you break the law, you'll always break the law.
Bad news honey. They're not giving your fingerprints back either.
This is the same as asking for your fingerprints back. There is no incentive for law enforcement to dispose of the information obtained about people who have committed crimes which might be useful in catching people in the future. You might as well ask for all your info back. Cops want to use fingerprints and DNA to catch criminals.
Really, I think your best argument would be that law enforcement shouldn't have the right to take it in the first place, although this isn't too different from what you are saying. You would have to retain an attorney and file suit asserting some sort of constitutionally protected privacy right, which is probably not gonna fly considering the whole criminal thing, or maybe some property interest in the DNA, but I wouldn't make any bets on this going very far. I haven't looked into this, but I do know that the courts have generally held that people don't have property rights in bodily fluids and the like once these things are surrendered. But, of course, this is just off the top of my head. Basically, if I were you I would just hope somebody else challenges this, since it would cost a lot of money to try to change.
Oh, and there is also the fact that you gave it up freely b/c you could have just said no and remained in jail or whatever. This would definitely cut against your case for getting it back since probation isn't a right at all since they can just keep you locked up.
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