Criminal Defense AttorneyOne of the basic rights guaranteed to us by the Constitution is to be protected from unreasonable searches and seizures.  The law continues to evolve to defined exactly what unreasonable is, especially with new advances in technology.  When property or person that is being searched or seized is protected by the 4th amendment than law enforcement officers must either obtain a warrant of fall within one of the warrant exceptions. It would seem that anytime law enforcement searches your person or takes anything from you than it should be protected, right?

Currently in North Carolina law enforcement may take a DNA sample from you if you are charged with certain felonies.  This is usually done with a cheek swab which swabs the inside of your cheek.  This may be done without a warrant now in NC because of a new law that passed in 2011. Granted this is allowed for only certain felonies but the fact that it can be done at the time of arrest and entered into a statewide or national database seems like it should be allotted 4th amendment protection.

The U.S. Supreme Court may be hearing case in their next session to determine if DNA samples should be afforded greater 4th amendment protections.  I believe that DNA evidence may be crucial to solving some cases and is indeed necessary to ensure justice is served.  However it is just as important to ensure that people are protected from unreasonable searches and seizures, and law enforcement should be required to obtain a warrant to get this evidence.

If you find yourself in a situation in which you have been charged with a crime in North Carolina you need to hire an attorney who knows and understands complex criminal law.  Our attorneys will work tirelessly to defend your case.  Contact one of our attorneys directly by calling 704-499-9000  or toll free 877-374-5999. You will be glad you did. Don’t worry. We are here to help.