When crime scene investigators are at the scene of a crime, they look for any and all clues to help lead them to a suspect. DNA often plays a role in these investigations and now that anyone convicted of a felony or certain misdemeanors has to provide a DNA sample, it makes identifying a suspect easier than ever. One suspect found that out the hard way. What was his fatal mistake? He left a pair of short with fecal matter for law enforcement to find and test. The man had been previously arrested and required to give a DNA sample. When that sample was used to compare to the soiled shorts, the man was linked to the Burglary of a preschool and church that happened last year. I guess the only question I am left with is: why would anyone be carrying around a pair of soiled shorts?
2nd Degree Burglary in Larimer County
The Colorado law definition of Second Degree Burglary – C.R.S. 18-4-203 – is:
Because the man broke into the church and preschool to commit another crime, in this case Theft, he was charged with Burglary in the Second Degree. As a class 4 felony in Larimer, Boulder, and Jackson County, this crime is punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines.
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DNA Samples in Misdemeanor and Felony Cases in Loveland
Currently, any person arrested for a felony charge is required to submit a saliva sample. The samples are stored in a national DNA database so they can be cross-referenced with unsolved crimes and held for the future. At this point in time, the only misdemeanor charge that requires the accused provide a saliva sample is Unlawful Sexual Contact. This may change soon though, as there is a proposed House Bill that would require a DNA sample from a person convicted of:
- 3rd Degree Assault
- Menacing
- Reckless Endangerment
- Theft
- Criminal Mischief
- Child Abuse
- Violation of a Protection Order
- Harassment
It’s a scary thought that the government may be able to hold on to a person’s genetic material for an indefinite amount of time, but it’s just one more instance of Big Brother.