42 Questions
What is the correct definition of a buccal swab?
A way of collecting DNA samples by swabbing a person's mouth or cheek
According to Nebraska Revised Statutes, when can DNA samples be obtained in connection with a criminal investigation?
With probable cause, court order, or voluntary consent
What is the consequence of obtaining a DNA sample in violation of NRS §29-4126?
The sample cannot be used for any purpose
How are reference samples from known persons commonly collected?
From blood or cheek cells
Which of the following is NOT a limitation on obtaining and using DNA samples according to the text?
Any law enforcement officer's request
What is the correct statement regarding DNA sample collection for law enforcement purposes?
DNA samples must be collected only with probable cause, a court order, or voluntary consent
What is required for consent to provide a DNA sample to be deemed voluntary as per NRS §29-4126?
The person must be informed in writing that they can refuse the request without consequences.
What action should officers take if a suspect requests to speak to an attorney before giving a DNA sample?
Officers should collect the sample after the attorney consultation, regardless of the outcome.
If a person refuses to provide a DNA sample, what can officers do?
Officers can use force to collect the sample without a court order if sufficient probable cause exists.
What should officers do before handling any collection materials for DNA swab samples?
Put on new surgical gloves.
In which situation can law enforcement employees use force to obtain a DNA sample?
When they have a court order and the suspect refuses to provide the sample.
What happens if a person is in custody and refuses to provide a DNA sample?
A court order is still required to collect the DNA sample.
What form must be signed by the person providing the DNA sample as per NRS §29-4126?
OPD Form 230
How should officers obtain a DNA sample if a suspect refuses to consent?
(1) Obtain a court order, (2) Use minimal force if necessary.
What should officers do with each copy of the completed OPD Form 230 after collecting a DNA buccal swab sample?
(1) Maintain white copy in case file, (2) Provide pink copy to OPD Data Review Squad, (3) Keep yellow copy for personal records.
When obtaining DNA buccal swab samples, what should employees do with new surgical gloves?
Put on new surgical gloves before handling any materials
What action can an aggrieved person take against a person or law enforcement agency for violating NRS §29-4126?
File an action in district court to enjoin the person or agency
What type of damages can a person aggrieved by a known violation of NRS §29-4126 seek in district court?
Compensatory and punitive damages
What is the consequence for a person found by the court to have experienced a violation of the statute as per the text?
Receiving damages and possibly recovering costs and attorney's fees
Which accredited DNA lab location is listed in the text for potential use by a CIB Captain?
University of Nebraska Medical Center Human DNA Identification Laboratory in Omaha, NE
Which of the following is NOT included in the list of Previous OPD General Orders mentioned in the text?
#56-18
Which accreditation standards are relevant to the policy according to the text?
CALEA Accreditation standards 83.2.7 and 83.3.2
What should employees do if the buccal swab comes into contact with any surface between its removal from the person’s mouth and its insertion into the packaging?
Restart the process from the beginning.
What precaution should employees take regarding buccal swabs during transportation?
Avoid excessive heat, humidity, or direct sunlight exposure.
When submitting DNA evidence samples for analysis, what approval is required?
Approval from a CIB Lieutenant.
What does the detective do after personally transporting the evidence swab(s) to the accredited DNA lab?
Complete required forms and leave the evidence swab(s).
What action should be taken upon notification that DNA testing has been completed by the lab?
Sign lab forms and take back the evidence sample.
What is NOT a part of the chain of custody for buccal DNA evidence?
Turning in all buccal swabs to the DNA laboratory directly.
What must be written across the taped seal on the property envelope?
'Date' and 'Name and Serial Number'.
What happens if a detective needs to collect buccal swabs from multiple people?
They need to change surgical gloves and use a new pair for each person.
What should employees do if not using a swab box for packaging?
Seal the envelope with sealing tape.
What does Chain of Custody begin with for buccal DNA evidence?
When collecting the buccal swab.
What is the primary purpose of making copies of the DNA lab forms and entering them into the RB file?
To ensure proper documentation and chain of custody for the DNA evidence.
What is the significance of the DNA result letter indicating whether an individual's sample is a match/hit or excluded?
It provides crucial information for deciding whether to continue or close the investigation.
Under what circumstances is written notification NOT required to be sent to an individual who provided a DNA sample?
If the individual's sample was a match/hit for the crime being investigated.
What is the primary reason for returning the DNA sample and all identifying information to an excluded individual?
To protect the individual's privacy rights and comply with legal requirements.
What is the purpose of the CIB Captain or designee notifying the DNA testing laboratory after an individual has been excluded or cleared?
To ensure the laboratory complies with minimum record retention standards for accreditation.
If the notification letter to an excluded individual is returned as undeliverable, what is the protocol for handling the DNA sample?
The sample must be retained for 30 days, after which it can be destroyed if no valid address is found.
What is the purpose of completing a Property Disposition Supplementary (OPD Form 200D) in the context of DNA sample handling?
To record the circumstances and final disposition of the DNA sample and related materials.
What is the exception to the requirement of destroying all records and identifiable information pertaining to an excluded individual?
Records required for laboratory accreditation purposes must be retained.
What is the role of the OPD Data Unit in the process of handling DNA samples and records for excluded individuals?
To ensure that all applicable records are appropriately redacted and/or destroyed.
What is the significance of the minimum records retained by accredited DNA laboratories?
They are required to meet laboratory accreditation standards for record-keeping.
Test your knowledge on the policy of collecting and using DNA reference samples by law enforcement, as per the regulations of the Omaha Police Department. Learn about key definitions such as 'buccal' and 'buccal swab'.
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