What is the permanency of a DNA warrant for a tooth impression from an in-custody suspect?

Ontario, Canada


The following excerpt is from R. v. S.F., 1997 CanLII 12443 (ON SC):

It is true that there is a permanency to the objects of seizure in the instance of a DNA warrant. This was aptly noted by Cory J. in Stillman v. The Queen, supra at 344, in the context of an in-custody suspect: The common law power cannot be so broad as to empower police officers to seize bodily samples. They are usually in no danger of disappearing. Here, there was no likelihood that the appellant’s teeth impressions would change, nor that his hair follicles would present a different DNA profile with the passage of time. There was simply no possibility of the evidence sought being destroyed if it was not seized immediately.

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