<p dir="ltr">On Oct 22, 2014 9:54 AM, "BillK" <<a href="mailto:pharos@gmail.com">pharos@gmail.com</a>> wrote:<br>
> On Wed, Oct 22, 2014 at 5:23 PM, spike wrote:<br>
> > My American friends: if a prole discovers a way to identify a perpetrator<br>
> > (or more likely the family of the perp) who has never been arrested but who<br>
> > left DNA at the scene, would that technique be 4th amendment compliant?</p>
<p dir="ltr">Depends on the technique. If you mean what I think you mean, said prole's claim might be enough to get the accused arrested (insofar as it creates reasonable suspicion in the police about the accused), which may include DNA sampling regardless of the reason for arrest. That said prole claims there is a DNA match is almost irrelevant.</p>
<p dir="ltr">(The police are likely to independently test for a DNA match, since there is DNA evidence, but they may ignore the prole's purported evidence of a match if they think that might not be court admissible - say, because said evidence may not be 4th amendment compliant.)</p>
<p dir="ltr">> On the other hand, would you be liable to a charge of obstructing<br>
> justice or withholding evidence?</p>
<p dir="ltr">Not if no law enforcement officer contacts him about the investigation. Unless and until one does (or he contacts one about it), he is uninvolved, regardless of whether he has relevant evidence.</p>