Virginia upholds DNA testing on arrest
Virginia is the only state in the Union that allows the taking of DNA for certain violent felonies. On Friday, the Virginia Supreme Court upheld the suspicionless taking of DNA from a rape suspect in 2003 that linked him to a 1991 "cold case" rape.
The Virginia Court of Appeals upheld the conviction in 2006, and the Virginia Supreme Court, finding the taking of DNA no different than fingerprinting, upheld the suspicionless and probable cause-less taking of the same that linked the defendant to the 1991 rape. Anderson v. Commonwealth, 2007 Va. LEXIS 115 (September 14, 2007).
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