Law enforcement investigation procedures for individuals in custody

Law enforcement investigation procedures for individuals in custody

When a defendant has been book and placed in police custody, law enforcement officers might investigate the case using the following techniques and procedures.

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Law enforcement authorized procedures

Police might collect information and physical evidence from a defendant while he or she is in custody. Officers may do the following:

  • Interrogate a defendant.
  • Collect voice samples, handwriting samples and fingerprints.
  • Ask a defendant if they can search his or her property.
  • Put a defendant in a line-up

Police officers may obtain either a warrant or court order allowing them to collect physical evidence such as blood, saliva, urine or hair from a defendant to perform DNA or other analysis. If a defendant has been placed in custody on suspicion of DUI, law enforcement officers have the authority to ask a defendant to submit to a blood or breath test.

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When a defendant refuses to cooperate with a police investigation

Individuals who are in police custody do not have the right to refuse any authorized procedures. It is important to note that police officers will not use physical force to compel a defendant to submit to a blood test or a line-up. However, a defendant’s refusal to comply with any authorized procedures may be presented in court as evidence of a guilty conscience. In addition, those who refuse a court-mandated DNA, blood, breath or other test will face incarceration and contempt of court proceedings.

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If the person has been taken into custody on suspicion of DUI and refuses to submit to a blood or breath test, he or she may face an automatic license suspension. In addition, a refusal may result in an enhanced sentence if the defendant is convicted.