You are here:

Criminal Law/Search and seizure

Advertisement

Expert: Jack Toomey - 10/29/2009


Question
If police arrive at a crime scene and there is a man standing over a murdered victim with blood on his hands, I believe they have the right to arrest him, but do they have the right to take the skin from under his fingernails without a warrant when they have just picked him up from the crime scene?

Answer
Of course all situations are different but they could argue that "skin under the fingernails" could easily disappear without seizing it immediately.  It would be up to a judge to decide but I'd bet that the government would win.


Since I originally answered this question I reconsidered my answer.  If your man who was standing over the body was arrested then there are certain things that the police have the right to seize without a warrant.  They include fingerprints, photos of the defendant, head and pubic hair, fingernail scrapings, and other non-intrusive things from the body of the defendant.  So really your question is a moot point.

Criminal Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

©2012 About.com, a part of The New York Times Company. All rights reserved.