is your MOT certificate....

  Seth Haniel 13:27 22 May 2009
Locked

The right shade of green..
click here

  user8 15:03 22 May 2009

Could he sue the Police for wrongful arrest.
But more importantly can he not have his DNA material destroyed?

  ened 15:14 22 May 2009

I am not a lawbreaker (apart from the potential of a motoring offence) and am not a threat to National Security.

Had I found myself in the same situation I would have refused to allow them to take a sample.

What would happen then?

Can they take it by force?

  birdface 15:14 22 May 2009

Terrible situation to go through.He must have felt like proper criminal.But surely it should have been easy to check the MOT document before going through the act of arresting him.
I think I would be out looking for a good lawyer if it was me.

I don't think a Sorry covers it.

  ened 15:16 22 May 2009

This was not even a normal bood standard Post Office, but an official CVLA place.

All MOTs are computerised nowadays so why did they not simply consult the computer.

  ened 15:17 22 May 2009

First a double post then this!

  birdface 15:22 22 May 2009

yes I believe they can take it with force if need be.
I believe they go with the idea that you are guilty until proven innocent.

If found innocent they have to remove DNA and fingerprints from there Data Base.

  ened 15:28 22 May 2009

"If found innocent they have to remove DNA and fingerprints from there Data Base."

They don't though!

They have been instructed by European Court that it is illegal to hold DNA of innocent people but apparently they are keeping it for a certain period of time! (Maybe even years)

  user8 15:41 22 May 2009

Yes i think they can & charge you for not giving it.

  ened 15:46 22 May 2009

We keep hearing about how the Human Rights Act is being used by all the wrong people.

Surely this is a basic breach of an innocent person's Human Rights.

The policy should be changed so that they only take DNA upon conviction, or, if you are suspected of a serious crime, with the tacit understanding that it will be destroyed if their enquiries prove fruitless.

I would stress I have nothing to hide I merely object to this on principle!

  interzone55 16:48 22 May 2009

"Surely this is a basic breach of an innocent person's Human Rights."

Yes, but whilst investigating a potential crime the police have a right to take fingerprints and DNA sample. I agree the sample should be destroyed if the person is subsequently proved to be innocent.

Think of how many people have been arrested for some minor offence and released, but then later found to be a serial rapist or killer. If the police routinely DNA everyone taken into custody the chances of this happening in the future are diminished...

This thread is now locked and can not be replied to.

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