Under certain circumstances, police may gather DNA evidence of a non-cooperative victim or witness with a limited use warrant even if they are not suspected of any criminal wrongdoing.
In re Grand Jury Witness G.B., 2016 BL 167249, D.C., No. 15-CO-531, 5/26/16.
The Supreme Court found that a minimally invasive DNA test was permissible with a limited-use warrant of a victim and witness in a crime, as long as the test is reasonable. The defining factors of reasonableness as identified by the court were the scope and manner of the test. In this instance, the test was a minimally invasive buccal swab that could be performed easily anywhere. The court also took into consideration that the test results were not allowed to be entered into a government database or be used to prosecute the victim for perjury. Moreover, the samples gathered after the test could be immediately destroyed after the investigation.
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