Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
1 01/24/2011 07/01/201 9 01/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_____________
374 - DNA Samples 1
POLICY 374 DNA SAMPLES
374.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the collection of DNA evidence from those
individuals required to provide such samples under the DNA Fingerprint, Unsolved Crime and
Innocence Protec tion Act, and the State of California DNA Data Bank Program ( Penal Code §
295, et seq.)
374.1.1 ACCREDITATION STANDARDS
This section pertains to the following CALEA Standards: 1.2.4, 1.3.1
374.2 PERSONS SUBJECT TO D NA COLLECTION
While the courts may o rder DNA samples taken in a variety of circumstances under the Act,
members of this Department are only authorized to obtain DNA samples from the following
individuals , absent other lawful means (e.g., consent or a search warrant) :
Only those qualifying i ndividuals whose DNA sample is not currently on file with the Department
of Justice may be required to provide samples. Verification of DNA samples on file may be
determined by a DNA collection flag on the individual’s criminal history record or, during re gular
business hours, by calling the Department of Justice designated DNA laboratory at (510) 620 -
3300. All DNA collection flags should be verified by contacting DOJ prior to the collection of the
sample ( Penal Code § 298(b)(5)).
It is a misdemeanor for any qualified individual to refuse to give any or all required DNA samples
following written notice of the requirement to do so ( Penal Code § 298.1(a)).
374.2.1 ARRESTEES
Any adult arrested or charged with any felony offense is required to provide DNA sa mples. DNA
samples should be collected immediately following arrest, or during the booking process, or as
soon as administratively practicable after arrest, but in any case prior to release on bail or other
physical release from custody ( Penal Code § 296.1 (a)(1)(A) ).
374.2.2 SEX AND ARSON REGISTRANTS
Any adult or juvenile who is required to register as a sex offender under Penal Code § 290 or
arsonist under Pena l Code § 457.1 , including those whose registration resulted from a qualifying
misdemeanor cri me, is required to submit a DNA sample. ( Penal Code § 296(a)(3)).
At the time that any such registrant registers, updates registration, or is notified by the
Department of Justice or other law enforcement officer, an appointment shall be made
designating the time and place for the collection of DNA samples if no such sample has already
been provided ( Penal Code § 296.2(c)).
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
1 01/24/2011 07/01/201 9 01/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
_____________
374 - DNA Samples 2
374.3 PROCEDURE
Upon a determination that any individual is qualified and required to provide DNA samples under
the Act, the arrest ing officer or other employee designated by a supervisor shall obtain DNA
samples in accordance with this policy.
374.3.1 BLOOD SAMPLES
The withdrawal of blood may only be performed in a medically approved manner by health care
providers trained and qual ified to draw blood. Blood samples obtained for submission to the
Department of Justice DNA lab shall be placed in Department of Justice blood vials ( Penal Code
§ 298(a) and (b)(2)).
374.3.2 BUCCAL SWABS
Buccal swab samples (taken from the inside of th e mouth) may only be procured by employees
who have successfully completed departmentally approved training in the collection of Buccal
swabs and with the use of Department of Justice Buccal Swab Collectors (Penal Code § 298(a)
and (b)(3)). A right thumbpr int shall be placed on the DOJ Card along with other required
identifying information.
374.3.3 FULL PALM PRINTS
Full palm print impressions shall be obtained on Department of Justice prescribed forms along
with all DNA samples ( Penal Code § 298(b)(4)). Since this Department does not have the
capability of palm print capture , palm prints should be collected via the Livescan system at
Orange County Jail.
374.3.4 USE OF FORCE TO OBTAIN SAMPLES
If, after a written or oral request, a qualified individual r efuses to provide any or all of the required
DNA samples, a sworn member of this Department may use reasonable force to obtain such
sample(s) under the following conditions:
a) Prior to the use of reasonable force, the officer(s) shall take and document reas onable
steps to secure voluntary compliance ( Penal Code § 298.1(c)(1)(C)) ;
b) Prior to the use of reasonable force, the officer(s) shall obtain written authorization from a
supervisor which shall minimally include that the individual was asked to provide the
sample(s) and refused (Penal Code § 298.1(c)(1)(B))
c) If the authorized use of reasonable force includes a cell extraction, such extraction shall
be videotaped ( Penal Code § 298.1(c)(