taking DNA at traffic stops

[AVengeance]

Originally Posted by motivez

You need a court order to obtain a DNA sample from a suspect afaik

Of course, that doesn't prevent them from asking people to willingly submit to a DNA test.

And nothing preventing them from patting their baton or sidearm as they ask...

[7960]

Originally Posted by AVengeance

And nothing preventing them from patting their baton or sidearm as they ask...

and nothing preventing me from scratching my balls while I say no.

[Ironduke]

The Supreme Court has ruled that psychological pressure or a feeling of a sense of moral duty to oblige an officer's request aren't 4th Amendment seizures.

HOWEVER, if a police officer pats a baton or displays a sidearm to obtain your "consent", then a violation of your 4th Amendment rights has been committed. Such police actions meet the standard of the "reasonable person would not feel free to leave" definition of seizure as laid forth by the Supreme Court in Florida v. Royer 1983.