Utah Supreme Court Upholds Police Ability To Obtain DNA By Force

(Salt Lake City, UT) — The Utah Supreme Court upheld the ability of law enforcement to obtain a DNA sample under a search warrant by force. The court rejected a challenged from Douglas Evans, who was convicted of a 2014 murder in Kearns. Evans challenged how police obtained his DNA linking him to the crime, saying that officers forcibly opened his mouth to get cheek swabs, saying that amounted to excessive force and an unreasonable search. In its ruling, the court notes that Evans was given the chance to voluntarily comply first, and that officers didn’t use more force than was necessary.