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Legality of Compelling DNA Testing? |
The State of Oklahoma requires DNA testing on all offenders except those who receive a deferred judgment. Collected data is then sent to our OSBI (Oklahoma State Bureau of Investigation). The purpose of this database is the detection or exclusion of individuals who are subjects of the investigation or prosecution of sex-related crimes, violent crimes, or other crimes in which biological evidence is recovered, and such information shall be used for no other purpose. The information contained in the database is privileged from discovery and inadmissible as evidence in any civil court proceeding. (Notice is doesn't preclude it from criminal proceedings?) Their System may include secondary index databases such as: Forensic: consisting of unknown evidence samples; Suspect: consisting of samples taken from individuals as a result of criminal investigations; and Convicted offender index. no it doesn't not violate the 5'th amendment the 5'th ONLY prevents you from being forced to give VERBAL testimony of crime.. physical evidence is not covered... If they want your DNA that badly, all they have to do is get a court order so stop fretting, if you are innocent, you have nothing to worry about by them having a sample of your DNA. It's never been considered a violation of your fifth amendment right against self incrimination to be force to compel DNA, hair, etc |
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