Legal Question in Criminal Law in Maryland
The police department came with a warrant to get DNA, but the person they wanted to retrieve it from was asking questions about why they wanted his DNA. They then held his nose shut to make him open his mouth so they could get it. Would this be considered excessive force?
Asked on 9/09/09, 10:02 pm
1 Answer from Attorneys
William Welch
William L. Welch, III Attorney
Probably not. Whether the warrant was valid, or whether the police used unreasonable force would be questions for a judge to resolve on a motion to suppress.
Answered on 9/15/09, 7:17 am
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