procedural question

[kaigou]

If the police/authorities bring someone in for questioning, but have not charge the person with a crime, can they take fingerprints? Or is that considered invasive or violating rights or potential self-incrimination if they do so before formally charging the person?

...Not just the US, that is, if you're not US and you have any vague idea of the procedure where you live, then I'd be curious to hear that, too. Mostly because I like police procedural dramas, in any language, and the "we think he's this guy (or he looks just like this other guy)" mistaken identity (or non-mistaken undercover schtick) is a common plot-step the world over, it seems. And since that would so easily be cleared up by a set of freaking fingerprints, I'm wondering when I should see the non-fingerprinting as accurate for a culture, versus a plot-hole.

Comments

[love]

If they haven't charged you with a crime, they can't take fingerprints (officially). I've seen police dramas where they give you a glass of water and then take that away and have the prints lifted from it. I don't know if that's actually legal and would consult someone who actually is a lawyer or a cop.

This sounds like a good question for Littledetails on LJ...

[kaigou]

I believe the fingerprints-from-glass would be thrown out of court. You certainly couldn't hinge the entire case on it, because (at least in the US) it'd be considered involuntary search or something like that, can't remember the phrase now. You'd have to be able to prove via some completely independent evidence that you would've ended up arresting this person anyway, at which point you might be able to make the fingerprints part of the case, but that last part is a maybe, from what I hear. Possibly depending on whether the judge is paying attention, or something.