Law Case Preparation

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Law Case Preparation

Introduction

No arrest or seizure of a suspect can be done without proper availability of evidences although the suspect has accomplished a crime. Therefore, in order to arrest the culprit, the gathering of evidences is a must. This case examines that how DNA sample can be collected by certain means keeping the suspect aware of it. Moreover, the case also defines some legal problems that can occur during the preparation of chain of custody.

Discussion

Method for Legally Obtaining the Suspect's DNA

There are certain legal methods of obtaining a suspect's DNA sample without his permission or knowledge. A suspect cannot be forced to give a DNA sample in case of lack of substantial evidence. This is because the fourth amendment has a clause provides protection to a citizen against unreasonable searches and arrests. Moreover, the Fifth Amendment provides privilege to the citizens against compelled self-incrimination. However, when an individual leaves a biological sample in a public place and it is subsequently collected, there is no invasion of the person's privacy and thus no Federal constitutional right is implicated.

Therefore, in order to obtain his DNA sample, I have prepared a plan. According to medical science, there are some sources that might be considered to obtain a person's DNA sample who are reluctant to provide one. These samples include; clothing having some amount of biological fluid or where skin cells have rubbed, finger nails, cigarette butts, chewing gum, disposable cup of the person, tissue paper used or handkerchief with nasal secretion (www.dna.gov). My suspect has a habit of smoking. My plan is to gather his smoked cigarette butt. For doing so, I have hired a spy who will follow him everywhere until he gets a cigarette butt which has been smoked by the suspect. There is no illegal implementation in this act because no legal law can abide me to gather his DNA sample from the cigarette as no legal clause has been broken.

Curtilage

The right of privacy in the home, which is protected by the Fourth Amendment against unreasonable searches and seizures, applies also to the “curtilage” around the home. The curlilage is the area around the home which encompasses those intimate activities associated with domestic life and the privacies of the home (Schwartz & Pratt, 2004). An example would be a fenced-in backyard. In determining whether a particular area is within the curtilage, you may take into account ...