Supreme Court of Connecticut
State of Connecticut v. Roosevelt Drakes.
July 5, 2016321 Conn. 857
Summary
The court affirmed the Appellate Court's judgment upholding both the trial court's authority to permit reasonable physical force to obtain the defendant's DNA sample and the defendant's conviction for refusing to provide one. It concluded that the DNA-sampling statute inherently authorized reasonable force before the legislature expressly amended it to say so, and that the statute was regulatory rather than punitive. The court further held that the refusal prosecution did not violate due process or double jeopardy because the DNA requirement was not punishment and the refusal was conduct distinct from the defendant's earlier crimes.