Policy Text
Policy
910Fremont Police Department
DNA Samples from Arrested Persons
910.1 PURPOSE AND SCOPE
To establish guidelines for obtaining DNA samples from arrested persons booked at the Fremont
Detention Facility. Beginning on January 1, 2009, all adults arrested for any felony offense must
provide a DNA sample and thumb and palm print impressions for the State of California's DNA
(CAL-DNA) Data Bank Program (Penal Code §296(a)(2)(c)).
It is the policy of the Fremont Police Department to comply with Penal Code § 296(a)(2)(c) by
obtaining DNA samples, via buccal swab or blood sample, and palm prints from all felony arrestees
and submitting them to the Department of Justice (DOJ), unless DOJ indicates these items are
already on file.
910.1.1 DEFINITIONS
For the purposes of this policy, the following definitions will be in effect:
DNA (Deoxyribonucleic Acid) - the main component of chromosomes and the material that
transfers genetic characteristics in all life forms. See also "DNA fingerprinting" '" the use of a DNA
probe for the identification of an individual, as for the matching of genes from a forensic sample
with those of a criminal suspect.
Buccal Swab - Inner cheek scraping.
Unknown Subject - A subject is an unknown subject if he/she lacks a government issued
photographic identification that is verified in either CABS/CRIMS or CII or is not present in CRIMS/
CABS.
Known Subject - A subject is a known subject if he/she possesses a government issued
photographic identification or is listed in an administrative source with photograph included, and
is verified through either CABS/CRIMS or CII.
Administrative Source - An administrative source is either CABS/CRIMS or CII.
Photographic Identification - A photographic identification is a government issued identification
that includes a photograph (i.e.: state identification card, state driver's license, or passport).
Wobblers - Offenses that can be tried either as a misdemeanor or a felony. For the purposes of
this policy, wobblers will be considered felonies.
Use of Reasonable Force - The force that an objective, trained and competent officer, faced with
similar facts and circumstances, would consider necessary and reasonable to gain compliance.
910.2 PROCEDURE
DNA samples shall be collected from the following arrestees:
(a)Adults arrested for felony offenses.
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1.The collection of buccal samples from an adult arrested for a felony offense must
be based solely upon the offense that was the basis for the arrest. Arrests for
felony offenses are not retroactive, and so, do not permit collection for arrests
that took place prior to January 1, 2009.
(b)Do not collect DNA samples from juveniles.
910.2.1 KNOWN SUBJECT
Known Subject '" A subject is a known subject if he/she possesses government issued
photographic identification or is listed in an administrative source with photograph included, and
is verified through either CABS/CRIMS or CII.
Upon arrest of a known subject for a qualifying offense:
(a)Officers will conduct a CRIMS/CORPUS search of the subject.
1.If located in CRIMS/CORPUS, check subject's record for DNA sample on file.
This can be located above the subject's photograph.
(a)If a prior DNA test date is located, no DNA sample should be obtained and
no further action is required.
(b)Officers shall conduct a State Criminal History Search (CII) of the subject and include
their case number, badge number, and "DNA" in the top information box.
(a)Check the subject's DNA flag message at the top of the record.
(a)If any of the following messages are located, no DNA sample should be
obtained. The officer must complete the Alameda County Sheriff's Office
DNA Collection form to request that CORPUS be updated (see attached).
(a)DO NOT COLLECT DNA. DNA SAMPLE HAS BEEN RECEIVED,
TYPED, AND UPLOADED INTO THE CAL-DNA DATA BANK.
(b)DO NOT COLLECT DNA. VERIFIED DNA SAMPLE IS ON FILE
WITH THE CAL-DNA DATA BANK.
(c)DO NOT COLLECT DNA. SAMPLE NOT VERIFIED BY
FINGERPRINT RECEIVED BY THE CAL-DNA DATA BANK.
(d)DNA SAMPLE NOT VERIFIED BY FINGERPRINT HAS BEEN
RECEIVED, TYPED, AND UPLOADED INTO THE CAL-DNA DATA
BANK.
(c)Officers shall complete a CAL-DNA packet.
(a)Complete the DOJ Specimen Information Card.
(a)Front and back.
(b)Mark "Administrative Source" under "Subject Identified By."
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(c)Place subject's right thumb print on both sides of card in the respective
areas.
(d)Obtain subject's signature on back of card.
(b)Using gloved hands, write subject's name and CII number on DNA collector.
(c)Direct the subject to obtain the buccal swab DNA sample as explained on the
instruction card.
(d)Place the DNA collector into the paper Transport Pouch and seal.
(e)Place the DOJ Specimen Information Card and the paper