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DNA Links Man to Pharmacy Burglaries

October 3, 2008 by tgabeh 

Police arrested a 26-year-old man from Long Beach who they suspect of carrying out as many as 30 robberies from various pharmacies in Southern California. The man was allegedly in search of the drug OxyContin, a prescription painkiller used for moderate to high pain relief. OxyContin contains oxycodone, the medication’s active ingredient, and, as with most opiates, abuse may lead to dependence and tolerance. Due to its side effects and depency-creation, a large scale secondary market has developed for those addicted to the drug.

The alleged robber was in custody Thursday, according to the Orange County Sheriff’s Department. During a recent break-in, the suspect broke some glass and cut himself, leaving some blood at the scene. The authorities were then able to collect the blood evidence and process DNA. The sheriff’s DNA lab got a positive hit on the blood sample left at the scene of a previous robbery. The suspect arrested has prior arrests for burglary and robbery.

Virtually every jurisdiction in the United States has established its own “offender” database, in which the authorities collect a DNA sample of an arrestee to submit to a national database. Each State determines their own requirements about who must provide DNA samples for these databases. In November 2004 California voters passed Proposition 69, the “DNA Fingerprint, Unsolved Crime and Innocence Protection Act”. Due to voter approval, California now requires DNA samples from some people merely arrested for or charged with felonies. (note, “conviction” is NOT required. Merely being arrested requires one to submit to DNA collection). In addition, the federal government also collects DNA samples from individuals who are merely arrested, as well as from non-United States persons (e.g. immigrants) who are “detained under the authority of the United States.” In addition to receiving samples from donors either arrested or convicted, many states also collect and analyze DNA from unsolved crime scenes, from missing persons, and from unidentified human remains.

If you are arrested (conviction is NOT required) for a crime, you may have the right to have the collected DNA sample destroyed and any record in a national database system expunged. In addition, you have rights on the limits of use the law enforcement agencies may pursue with any DNA sample collected from you at the time of your arrest. If you have been arrested and a DNA sample has been taken from you (generally from a cheek swab), you have rights beyond the mere arrest. You need the help of a competent and knowlegeable criminal attorney to handle your criminal defense as well as protect your CIVIL RIGHTS! Call the criminal defense and civil rights attorneys of Houston & Blanco TODAY at 714.841.3921 or email at info@HBLawyers.net.

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