Do I have to give a bodily sample to the police?
Question & AnswerDo I have to give a bodily sample to the police?
2. Check that there is a warrant
The police need a or a to take a bodily sample from you for a DNA profile. Before you give the police a bodily sample for a DNA profile, check that they have a warrant or court order that says they can take a sample from you.
Before taking a bodily sample, the police officer must tell you:
- what the warrant says,
- why the samples are being taken, and
- how the samples will be used to investigate the
Getting a warrant
The police must apply for a warrant under the Criminal Code. Before the warrant is issued, a judge determines whether it's appropriate for the police to get a bodily sample from you.
A bodily sample can only be ordered for people suspected of designated offences such as:
- drug trafficking in some cases
- in some cases
The Criminal Code identifies which crimes are designated offences.
Before a judge can order the DNA warrant, there must be to believe:
- one of the designated offences was committed,
- a bodily sample was obtained from the victim, crime scene or other location involved in the offence,
- the person named in the warrant was involved in the offence, and
- comparing the suspect's bodily sample with samples from the crime scene will provide about the crime.
The judge will balance your rights against the need to solve crimes and enforce the law.