NCJ Number
161878
Journal
Crime to Court, Police Officer's Handbook Dated: (April 1996) Pages: 1-16
Date Published
1996
Length
16 pages
Annotation
In San Antonio, Texas, a criminal defendant unsuccessfully argued that the taking of a blood sample from his body was unnecessary and that the force used to extract the blood was excessive.
Abstract
The defendant had robbed a bank and appealed his conviction for the crime, claiming the court erred in admitting evidence obtained in violation of the fourth amendment. During the defendant's detention prior to trial, a search warrant was obtained to collect samples of his blood and hair for DNA and other analysis. The defendant refused to comply with the search warrant, and a seven-member "control team" was used to subdue him and get the blood and hair samples. In court, the defendant argued that the taking of blood and hair samples violated his fourth amendment right to be free from unreasonable search and seizure. The U.S. District Court ruled against the defendant, arguing that blood was obtained properly and that force was necessary because of the defendant's actions.