What's the deal with his attorney saying that LeVin will not give up his DNA without a court order. I thought once you were a criminal (he's in jail) they took your DNA and you were in the system??

Thanks

 

Hmmm...I'm not making accusations, but I am big on common sense. Guy gets pulled for an exhaust, then calls his bud on the cell and says meet me at a bar so we can switch cars? At 2am? Cause he was scared of getting pulled for a second time?
Only thing I do know is nothing good happens at 2am when you are alone in a car

 

DNA is evidence. In order for the Government to obtain evidence from a criminal defendant the Government must have probable cause, which usually manifests itself in a search warrant. In this case it appears that the State Attorney for Broward County has not requested a search warrant, which is in essence a court order for the police to obtain certain evidence and allows police to use approved means to obtain that evidence. In this case they would probably have a law enforcement officer and maybe a nurse obtain what are called "buccal swabs" from the cheek area inside the defendant's mouth.

As I indicated in an earlier post, DNA will play a big part in this case. This guy's lawyer is probably one of the 2 or 3 premier defense attorneys in South Florida (now that I moved to Vegas).

The jail cannot simply obtain a DNA sample from anyone. The only instance where something similar takes place is when someone is sentenced on a felony. Many states have statutes which allow authorities to collect DNA from convicted felons as part of a probation or prison sentence.