Connecticut court okays taking DNA by force

June 20, 2013

Connecticut: The Connecticut Appellate Court upheld a ruling by Tolland District Superior Court Judge Edward J. Mullarkey. The lower court judge found state prison officials may collect DNA samples from convicted felons who refuse to provide a sample by means of reasonable force. Prior to Mullarkey's ruling, the law required anyone convicted of a felony to provide a DNA sample but failed to specify what means could be used to obtain that sample when a prisoner refused to give one.

A case filed by two inmates, Mark Banks and Roosevelt Drakes, questioned whether the state had the authority to obtain samples of their DNA by force. By Connecticut statute, any convicted felon who refuses to provide a DNA sample can be charged with a class D felony. Banks and Drakes determined they would rather face additional charges than provide a sample of their DNA. The inmates argued prison officials should not be able to obtain DNA samples using force since the statute did not specifically authorize the use of force.

Connecticut Appellate Court Judge Douglas Lavine wrote two opinions which upheld Mullarkey's rulings. Judge Lavine said to prevent prison officials from using reasonable force to collect a DNA sample from a felon would interfere with the purpose of the statute approved by the legislature. DNA collected under the law will be used to create a "DNA data bank" to help solve crimes in the future.