Stun Gun Used for Collecting DNA
Thanks to shows such as CSI and Crossing Jordan, more and more people have realized the importance of DNA evidence in solving crimes. Since 1985 when DNA fingerprinting began to be used as a technique for identifying individuals, the technology has proven indispensable to many fields of study and research. And of course, it has its practical application in criminal law. During an investigation, DNA can usually be collected either voluntarily or through samples considered for public use. Lately, though, a rather surprising way for DNA collection to be carried out has emerged: through the use of a stun gun.
Stun and collect?
In a news article that appeared on www.upi.com and in several sources in online news websites, a judge in Niagara Falls in New York city ruled that the act of police officers using a stun gun on a suspect for the collection of a DNA sample was legal. The judge, Sara Sperrazza, declared that getting a sample from suspect Ryan Smith a second time around with the use of the stun gun was valid and acceptable in court.
Smith had previously given a sample of his DNA to the police through a cheek swab but the sample was mistakenly sent and consequently ruined by another laboratory. A new court order was issued to obtain a new sample from Smith, who later refused. As a result of Sperrazza’s decision, the sample was obtained after Smith was tasered using a stun gun.
The defense for Smith was unhappy about the ruling, even going as far as to declare that the use of a stun gun in Smith’s case makes it acceptable to taser just about anyone. However, the ruling that came courtesy of Judge Sperrazza only allows for the collection of DNA evidence using a stun gun with certain restrictions — the stun gun, for example, should only be used with the least amount of force, the taser should not be used in a cruel or malicious manner and the act should not result to injury.
What’s it to you?
Yes, police can use a stun gun on a civilian as long as they have a lawful reason to do so. In fact, if police use a stun gun on you, the DNA sample they obtain will be considered legal evidence should you refuse to voluntarily give one. It may seem like a frightening prospect but really, the goal of the ruling is to encourage suspects to volunteer their DNA during legally sanctioned collections. In the end, it will help eliminate the use of unnecessary force and ensure that the rule of law is respected and upheld.