The answer is yes. Even a preliminary match with a federal or state DNA database may give police the probable cause they need to get a search warrant for a separate DNA sample from you. This sample may come from your blood or saliva.
Furthermore, it does not matter that your DNA sample may have ended up in the database by mistake. Your later arrest or conviction based on that sample is still valid.
For example, in People v. Cummings, police were investigating the rape of a minor. Based on sperm from the minor’s oral swab, police got an “association” in a DNA database matching defendant. Defendant argued that probable cause to obtain his DNA did not exist because the database sample came from his prior case with unsubstantiated claims that had not been charged. However, Illinois law specifically states that mistake does not invalidate a database match. What matters is the match between the victim and the offender named in the database.
If you have been charged with a DUI or criminal-related offense, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. As with most crimes, the state must prove all the elements of the offense beyond a reasonable doubt. Even if the state’s evidence is airtight, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
