The case of a 14-year-old Prince George's County boy, linked to a sexual assault after police stopped him on a street corner and swabbed him for DNA, could break legal ground on when and how police secure such evidence from juvenile offenders, legal experts said.
The irony in this dispute over whether consent was obtained for the collection of DNA is that it a mirror image of the dispute in most rape cases over whether consent was obtained for sex.
The defense attorney says the boy did not give, "knowing and voluntary consent" but defense attorneys would never want their clients to be held to that same high standard of obtaining consent. My opinion is that there should be one definition that sets the threshold for legal consent and it should be applied to both the police and members of the public.
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