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Utah Supreme Court upholds police using force to get a DNA sample

The Utah Supreme Court has issued a ruling in favor of the police. The ruling upheld the ability of the police to use force, if necessary, to get a DNA sample under a search warrant.


The ruling came after the court unanimously rejected a challenge from Douglas Dwayne Evans. Evans was convicted in the 2014 murder of Ted Kelbach, but claimed police violated his rights by their forceful methods in getting a DNA sample connecting him to the murder. 


However, the court said that Evans was given the choice to comply with police and refused, and that Evans did not give enough evidence to prove that the force used by police was unreasonable. Still, the court said while Evans did not meet the threshold in this case, allegations of excessive use of force are taken very seriously and examined closely.