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DNA questions


Alpo

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I have a question about legalities, and then I have a couple questions about what you can tell with it.

 

Legal. I get arrested, and they take my pictures and they take my fingerprints. They don't need my permission. They don't need a warrant. They just do it. But how about DNA? Do they need my permission to do a cheek swab? Did they need a warrant to do the swab? Or do they just do that while they're doing the fingerprints and mugshots?

 

 

Question 2. There was a movie many years back. Old fat guy with a beard - I think it was Burl Ives - married a much younger woman - Tina Louise. Tina starts having an affair with her new husband's grown son. Let's say that theoretically this happens. The grown son starts having an affair with his young stepmother, resulting in a child. Could DNA prove that he was the father, and not his father. I know that if the husband got suspicious, they could use the DNA to prove that it was the man across the street that fathered the kid, or somebody downtown. Because their DNA would be drastically different from husband's DNA. But can it tell the difference between the husband's DNA and the husband's son's DNA?

 

 

Number three. Can they tell when somebody was in the DNA chain? There was a big thing a few years ago. Jefferson supposedly had an affair with one of his slaves. I believe her name was Sally. They have tested the DNA of descendants of Sally and it's got Jefferson DNA markers in it. So they say that proves that Tom had sex with Sally.

 

But couldn't it be that Tom had sex with Sally's daughter? Or Tom's son had sex with Sally, and Tom is completely innocent of this? Or maybe Tom's grandson had sex with Sally's granddaughter, and that's how the Jefferson DNA got in the line? It's been 250 years. Seems like plenty of time for somebody else to have stepped in there.

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back to question 1:  this is for Texas

 

State has some right to take DNA samples

Depending on the crime, the state of Texas has some right to take DNA samples from the accused person or suspect, but not a complete right. The timing and the means for collecting the DNA sample depend on the charge and on the person’s criminal record.

If an accused person is indicted or arrested for a violent or sex-related crime such as sexual assault, the state has the legal right to take a DNA sample via blood or cheek swab (also is known as a buccal swab).

Such samples can be taken at arrest or booking (when information about an arrest is recorded at a police station) or at arraignment (a hearing in court when a person is formally charged). DNA sample collection is handled at arraignment if the person has no previous convictions. If the accused has prior convictions, the sample is taken at booking.

Police can also take a DNA sample if they have a search warrant to do so or if they have what is known as “probable cause” that the suspect committed the crime. A court may also order that a blood sample with DNA be collected after a person has been convicted of a felony in Texas.

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Thank you.

 

On TV cop shows - and we ALL know how accurate they are on TV cop shows - they seem to always need a warrant to take DNA. Yet whenever they have a convicted felon, he is always already in the DNA database.

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Also, prisons will collect DNA from all intake inmates.

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I retired about 8 years ago and DNA technology was really taking off at that time.  A number of research facilities were working on facial construction based on DNA traits.  In other words, they could sort of develop a picture of your face, including eye color, hair color, skin tone etc.  They could then plug all this information into a computer and produce age specific images.  The cold case detectives had this done on several unidentified bodies we had recovered over the years.   

 

Police have been solving cold cases off of public DNA data bases by matching to close relatives.  They then research the family tree and develop a suspect.  Fascinating stuff.   Between DNA matching and cell phone data, nobody does really investigating anymore.  

 

 

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On 2/21/2024 at 10:47 PM, Alpo said:

They just do it. But how about DNA? Do they need my permission to do a cheek swab?

I think that depends on the state. I know in California “they” think it’s their right to have your DNA. 
 

On 2/21/2024 at 10:47 PM, Alpo said:

But can it tell the difference between the husband's DNA and the husband's son's DNA?

The DNA could indicate the difference between a father and son because the son also has Mom’s DNA as well. 
 

On 2/21/2024 at 10:47 PM, Alpo said:

Number three.

The third question gave me a headache. 

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