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

[starscream]

Granted this came from Advice.org and as well is from the UK, it does answer your one question.

If you have been arrested, the police have the power to take your fingerprints, photographs and a DNA sample.

Even if you are not convicted of an offence, the police currently have the power to keep your fingerprints and DNA sample on a DNA database.

But the government are suggesting a change to this law. This is because keeping your fingerprints and DNA on a database has been found to be a breach of your human rights.

[tesserae]

There's an lj comm called ask_a_cop. You might ask there; it seems to be monitored by any number of cops.

In California, we are routinely asked for a thumbprint when we apply for or renew a driver's license - so theoretically, we're all in the database already.

[qem_chibati]

I remember it came up with the pubs wanting to take fingerprints to cut down on violence, here in Australia.


http://www.smh.com.au/technology/technology-news/you-want-a-drink-give-us-your-fingerprints-20110131-1a9zr.html

Biometric scanners, once the domain of James Bond movies, are flooding the pub market as the fix-all solution to violence and antisocial behaviour. The pubs are exerting more power than the police or airport security by demanding photos, fingerprints and ID. Police can only do it if they suspect someone of committing a crime and they must destroy the data if the person is not charged or found not guilty.

[aldanise]

I'm 99% sure that the police demanding fingerprints in the absence of an arrest is technically an "unreasonable search" in US law. This does not of course prevent them from 'inviting' a suspect to voluntarily give fingerprints or from sneakily getting them off of a mug they give the suspect (the first would be what I know from reality, while the second is a favorite on procedurals), but requiring the fingerprints in the absence of an arrest or court order has generally been judged a violation of civil rights, I believe.

I...don't actually know about Japan. Huh.

[mongrelheart]

I read that the police may ask people to give their fingerprints so they can eliminate them from a list of suspects. If the person refuses, they can get a warrant to require them to give fingerprints. They don't have to be in custody or charged with a crime.

They might already have them even if the person has never been charged with a crime, as many jobs (especially govt jobs) require fingerprints to be submitted.

[ticktocktober]

Asked My Dad, The Cop, and he confirmed that unless they'be been arrested, they aren't compelled to give fingerprints, DNA, or anything of that sort; it's all voluntary.

[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...

[nnayram.livejournal.com]

Depends on the country and on the person. If it were the EU and it was a EU citizen, I believe they might already have the fingerprints on file. My country, a new EU member state, introduced new ID cards that incorporate the fingerprint information in. I had to go the consulate in NYC and have my fingerprints taken when I was renewing my about-to-expire ID card. Technically, you don't have to renew your documentation until it expires, though, so it *is* possible that the information is only on file for people who have had to get new ID cards issued for whatever reason.

Also, certain countries would not require the fingerprints of visitors already in the country since they'd have them on file: see http://stallman.org/bad-border-policy-countries.html.

You might be interested in this wiki article, even though the information is not always mentioned: http://en.wikipedia.org/wiki/List_of_identity_card_policies_by_country