- Details
- Parent Category: Courts
- Created on Sunday, 14 December 2008 18:32
- Last Updated on Wednesday, 13 February 2013 14:28
Body Search, Blood Test
What to do when a blood thirsty vampire, disguised in a police uniform, wants your precious blood claiming it to be a blood test? What if a sexy male wants to tap, um search, a pretty women's body? First thing, double check is this really a policeman? Read below what to do against it.
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A police officer ushered me to a room for identification reasons. They want to make a mug shot, and take my fingerprints. Must I tolerate this process?
Yes, you have to. You have no right to refuse.
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What samples are they allowed to take?
They may take blood tests or make other physical examinations without your consent. Such tests must be made by a medical doctor and can be performed only if they do not jeopardize your health (§81a StPO). If you have any special problem, the physician should know to prevent an injury, so inform him in advance. Substances obtained in accordance with §81a I StPO, may be examined with molecular genetic techniques as far as it is necessary to determine the origin thereof and/or whether the evidence is from the accused or the victim.
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Disregarding what might happen, no man will touch my female body! I don’t want any physical examination by any male physician. Tell me, how I can stop this man from touching me.
The physical examination of an arrested female has to be performed by a female police official or by a female medical doctor. You are entitled to request the presence of another woman (§81d StPO). If a male officer physically examines a woman and evidence is found, this evidence may not be used in court.
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What for can they take tissue samples?
They may take tissue samples to determine a person's identity in possible future criminal proceedings and only when suspected of a serious crime, in particular: a felony, sexual offense, serious bodily injury, or aggravated theft or embezzlement. This may be examined via molecular genetic techniques to determine the DNA for numerous reasons: the nature and the way the crime was committed, the personality of the accused or for other/additional evidence.
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Well, they took tissue samples from me. How long can they store them?
The tissue samples extracted may be used only for the molecular genetic examination to determine a person’s identity involved in a serious crime, and must be destroyed as soon as they are no longer needed for that use. During the examination, no other determination besides the ones that are necessary for determining the DNA may be made. No other examinations are permissible.
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