US

Cops Take Middle Schoolers’ DNA in Murder Investigation Without Parental Consent

Middle School Students Get Cheek Swabbed in Murder Investigation Without Parent Permission

Jessica Funk-Haslam, 13, was found murdered March 6 near a baseball dugout. (Photo via Sacramento Bee)

In early March, Jessica Funk-Haslam, 13, of Sacramento, Calif., was found stabbed and beaten in a local park. Authorities have been investigating the murder of the 8th grader since but have not been able to pin-point a suspect, according to Yahoo! News. Covering all their bases, the Sacramento Sheriff’s Department has been interrogating fellow students and even took DNA samples at the time.

(Related: Fed court upholds Calif. law that people arrested for felonies must give DNA)

It’s this process and the lack of parental consent for the DNA retrieval that has some parents upset. The Los Angeles Times has more:

“My child‘s in a room with two detectives being questioned and grilled and I’m sure he was quite frightened, which is very upsetting,” said Michaela Brown, the mother of one of the students who was questioned.

Brown says a friend of her son who’s also been questioned more than once in this investigation has left the school because of the treatment by other students who found out.

But authorities state they do not need parental consent to take a cheek swab as the students at Albert Einstein Middle School were capable of giving consent. The LA Times reports if a blood sample were needed, the authorities would then need parent permission and a warrant.

Even with legal experts saying the detectives were within their rights to take the swabs, some question whether students at this age are really mature enough to provide consent in such a situation. The Sacramento Bee reports:

“When we know it’s a search, then the consent of course needs to be valid,” [Laurie Kubicek, a criminal justice professor at California State University, Sacramento] said. “So how do we know a juvenile … is consenting in a knowing and intelligent way?”

Middle School Students Get Cheek Swabbed in Murder Investigation Without Parent Permission

Some students from Albert Einstein Middle School were interviewed and had DNA samples taken. (Photo: Sacramento Unified School District)

Learn more about the gruesome murder and the case here. The LA Times has a video report on the investigation here.

Comments (61)

1 2
  • eramthgin
    Posted on April 19, 2012 at 2:25pm

    I support the cops! I do have a rule…………you want to talk to my children you will talk to me first and I will always be present. So what if it is an “interview” if a person provides false information in an “interview” you can still be charged with obstruction of justice. And you sure as hell are not going to take DNA samples or finger print my children without my permission.

    Report Post » eramthgin  
    • Spokane Armory
      Posted on April 20, 2012 at 4:35pm

      I agree 100%. I’m absolutely not a law suit person, but in this case, I’d be looking into it if I were the parent.

      Report Post » Spokane Armory  
    • Hossua
      Posted on April 20, 2012 at 9:30pm

      Pretty shady that the school allowed this without a warrant.

      Report Post »  
  • deeberj
    Posted on April 19, 2012 at 2:06pm

    I hate to sound anti policeman, but I know that they can lie to get what they want, and I know from personal experience they will harrass and lie to minors to get what they want. If a minor is a suspect and needs to be questioned by police, the parent should be present. Period. The parent can be told to keep his/her mouth shut, or the parent can sit behind the kid in the corner of the room so they can’t hold sway over what their child says. I don’t trust a policeman alone with my hild.

    Report Post » deeberj  
  • garbagecanlogic
    Posted on April 19, 2012 at 1:31pm

    What do you expect – it’s in Cally Porn E Ah!

    Praise Be To Obama. Psalm 109:8

    The U.S. Out Of The U.N.
    The U.N. Out Of The U.S.

    Report Post »  
  • Bill Wallace
    Posted on April 19, 2012 at 12:55pm

    I feel terrible for the murder.

    But you don’t take a swab of DNA without reasonable suspicion. An entire student body is not reasonable suspicion. And I doubt a 13 year old is aware enough to exercise their rights in this instance.

    I would sue. Civil rights violation. Force the change. Start treating the schools the way all the radicals have been treating other industries. Payback time.

    Report Post »  
    • fixmfast
      Posted on April 19, 2012 at 1:30pm

      Everybody is always so worried about the rights of “potential” criminals. Everybody seems to be more concerned about how will the criminal’s rights be abused. What about the abuse the little girl suffered? What about her rights? If you look at it in a certain light, the police were actually doing those kids a favor. They were eliminating them from being suspects, and if they were guilty, we’re saving alot of time in finding a suspect. If they are innocent, no harm done.
      The problem with the U.S. today is we‘re more worried about the criminal’s rights then we are the victims they abuse/ hurt/ KILL. If those kids are guilty then they need the needle too! I’m through worrying about how inhumane it is to kill those people who kill others. In reality, they need to starting hanging them on the steps of the courthouse IMMEDIATELY after the guilty verdict is read.

      Report Post » fixmfast  
    • deeberj
      Posted on April 19, 2012 at 2:14pm

      fixmfast – following the constitution doesn’t mean we care more about the criminals than the victimis. It means we care enough for EVERYONE’S rights that we are willing to give a “potential” criminal the same rights.

      “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson

      Report Post » deeberj  
    • sodacrackers2
      Posted on April 19, 2012 at 9:37pm

      Prayers for the girl’s family and may she rest in peace.

      Fixmfast, what the heck is a “potential” criminal? All teenagers? So they test twenty boys and find out one of them did it, what about the 19 who didn’t? It is the job of the police to prove guilt, not to test the innocent.

      Report Post »  
    • Doctor Nordo
      Posted on April 20, 2012 at 1:48am

      No rights were violated. The DNA samples were provided voluntarily.

      Report Post » Doctor Nordo  
    • 1956
      Posted on April 20, 2012 at 9:15am

      DOCTOR NORDO – the question isn’t if the samples were given voluntarily, but if the children tested have the capacity to actually understand what they are consenting to and how it affects them. Almost any adult I know would probably say “talk to my lawyer” and let the lawyer handle the situation. What if the testing is done in a faulty lab, or the samples get mixed up, or what if the child is innocent and there is no need to test – the blanket testing of all students is an egregious intrusion of their 4th amendment rights.

      I feel for the parents of that beautiful young girl – and I can’t imagine the pain they are going through. But that does not justify this breach of our rights.

      And BTW – there are times when I read some of these posts and I have to assume some of you do NOT have children, or they’d feel the same way a lot of us do about our kids being put into this kind of situation.

      Report Post » 1956  
  • 2conservative
    Posted on April 19, 2012 at 12:55pm

    Stupid move…in our school district an officer can not question a student (under 18) without written consent of a parent/guardian. Period. Let alone take a DNA sample….

    Report Post »  
  • thegreatcarnac
    Posted on April 19, 2012 at 11:59am

    I can understand the desire to find the murderer(s) of this poor girl but they are not thinking of the long term consequences. They are depending on some court upholding their opinion that middle-school children can give permission to swab their mouths for DNA checks. My opinion is that they cannot do it without a parent’s permission. We will see eventurally.

    Report Post »  
  • cyntro
    Posted on April 19, 2012 at 11:18am

    Someone want to tell me what stops the authorities from identifying the children of suspects they can‘t get DNA from and walking into schools and getting the child’s DNA as a way to link the parent to a crime?

    Report Post »  
  • Hossmiester
    Posted on April 19, 2012 at 11:13am

    Folks it is all about control. “Do not question the people in the uniform, do what ever your told. You have no rights. We will be sure to start training them from birth to never question authority.” This is how our rights have and will continue to be eroded until everyone knows how to comply. The only right you need or have is to obey. If you can not follow orders we will send you for “Education”. Not communism as Allen West said, more like the National Socialist Party (1939 Germany). First amendment, GONE. Second amendment, we will leave that one alone for now (just take away your ammo). We will get to your guns soon enough. Fourth amendment, GONE.
    Like all good sheep just continue to do as your told.
    Folks either with the ballot or bullets will this regime ever end. November 6, 2012 we will either win, we will die trying or we will be shipped off for re-education. The choice will be yours.

    Report Post » Hossmiester  
    • LAM2
      Posted on April 19, 2012 at 11:23am

      Courtesy of the same numbskulls who consider 13 year olds are mature enough to consent to abortions without parental knowledge or consent. Th statists certainly are consistent.

      Report Post »  
    • justangry
      Posted on April 19, 2012 at 12:16pm

      Are you that freaking stupid? Allen West voted to take away part of your 1st, 4th and 5th-7th amendment rights. That’s how our rights have been taking away. People too stupid to recognize that it isn‘t the OTHER PARTY that’s screwing us. It’s both parties.

      Report Post » justangry  
    • menticide
      Posted on April 19, 2012 at 7:34pm

      Angry-

      To quote you “You’re nuts. I can‘t believe I’ve wasted so much time on this site trying to convince people to vote a certain way. I assumed I was arguing with sane people. I didn‘t realize my arguments weren’t welcome because so many of you are deranged.”

      So, why do you keep on coming back here, and posting? I thought you were done with us. That was what, three weeks ago?

      Then again, in your eyes I’m probably not entitled to an opinion, too much Jewish blood, and not enough of an interest in being a Ron Paulestinian…

      Report Post » menticide  
    • justangry
      Posted on April 20, 2012 at 1:41pm

      I keep coming back because Drudge doesn’t have a comment section.

      Report Post » justangry  
  • TXVET48
    Posted on April 19, 2012 at 11:10am

    If the police felt they had just cause to question the kids and take cheek swabs from them, I’m all for it as long as the parents are there. I would like to have this heinous crime solved but to question the kids by themselves is wrong. Common sense, please.

    Report Post » TXVET48  
  • Sara123
    Posted on April 19, 2012 at 11:10am

    It is time to stop the police state’s progression. Children are not to be interrogated by cops without a lawyer present. Cops can trick children into saying anything as they can trick adults into self incrimination as well. The constitution means something. Move your children out of these socially demented institutions. Parents only know of a small fraction of the abuse public school children endure from their fellow students and their demented teachers. We need to start small private schools with a clear blue print of raising up children with Western ethics, dignity and love geared towards developing the ability to think and act like free people with responsibilities and that are not overly expensive.

    Report Post »  
    • meltzen
      Posted on April 19, 2012 at 12:01pm

      Agree students need to have parents present when speaking with students. But to say teachers are demented may be over stretching…. some teachers may be demented…. but there are some very good teachers who want the best for students. A lot of students have no respect for authority. Many teachers get cussed out and many students feel they can do what ever they want to do. For example, a student was asked to stop horseplaying and to get where they need to be…after 4 or 5 times that teacher asked the student to go….the teacher then told the student they were going to have consquences….then student was shocked like they did nothing wrong….Many students feel they are entitled to grades and they feel they can act anyway they can. I know that was a little off topic…but there are still good teachers trying to educate students….but with so many liberal policies and adminstration its very hard.

      Report Post »  
  • OniKaze
    Posted on April 19, 2012 at 11:05am

    Our countries Law Enforcement was doing something questionable??? NO!! Couldn’t be possible… No Way that would happen… Must be a mistake, or flawed reporting….

    Ridiculous… I don’t have any children, however, if I did I would not let ANYONE touch my child without my permission. You would see one Irate father if they did this to my child. Why do people think its okay to have our liberties stolen from us, for the sake of a little fleeting safety?

    It doesn’t make sense… The world is a dangerous place, and we NEED the freedom to defend or react accordingly. As these freedoms are taken away, the world is NOT becoming safer.. Adversely, as our freedoms are removed, we are in more and more danger…

    Lawful or not, I will defend myself against ANYONE for ANY reason… And I wouldn’t blame ANYONE for doing exactly that…

    Report Post » OniKaze  
  • DREDGE
    Posted on April 19, 2012 at 10:39am

    What is the injustice? The poor Johnny syndrome? What BS! Nothing to hide, not a problem.
    Maybe the parents are guilty in some sort devious plot. Hell, I’ll send my DNA in if they want it.

    Report Post »  
  • SgtB
    Posted on April 19, 2012 at 10:31am

    So in order for you to consent to sexual conduct with another consenting person, you have to be over the age of 18 or 16 in some states, but to consent to providing information in a criminal investigation, you can be 14? Doesn’t make any sense to me. When a minor is facing legal prosecution, their parent or lawyer needs to be there. End of story.

    Report Post » SgtB  
  • 9111315
    Posted on April 19, 2012 at 10:17am

    If the kid is innocent, the parents have a good point. . . . If the DNA matches, maybe we need to indite the parents also.

    Report Post »  
    • gr8t2bfree
      Posted on April 19, 2012 at 10:22am

      Are you kidding!!!??? The ends justify the means!? It‘s okay to abuse everyone’s rights as long as we find the the “perp”. Wake up fool!

      Report Post » gr8t2bfree  
    • SgtB
      Posted on April 19, 2012 at 10:34am

      You are a frickin lunatic. You are not a defender of our freedoms or our rights. We are all granted the right to be innocent until proven guilty in a court of law. That does not mean a court of public opinion subject to whatever rules you want to make up on the spot. It is people like you that make this Trayvon situation so bad.

      Report Post » SgtB  
  • THX-1138
    Posted on April 19, 2012 at 10:12am

    Public School = Child Abuse

    Report Post » THX-1138  
  • flsnipe
    Posted on April 19, 2012 at 10:11am

    One more sign of Good Police work…. NOT

    Report Post » flsnipe  
  • MaggieRose
    Posted on April 19, 2012 at 10:08am

    Praying for little Jessica’s family…

    Secondly, these same eighth graders could have been taken to a clinic for an abortion without parental consent or knowledge, and the parents would have never been the wiser. So sad.

    Report Post »  
  • mamabearCali
    Posted on April 19, 2012 at 10:06am

    Nice police officers, nice. Now if there is a break in te case the whole thing will be thrown out for the “fruit of the poisonous tree”. You had no warrant, these kids had no lawyer, and no the children are not adults so they can’t consent. Easily tossed out in court.

    Report Post » mamabearCali  
    • HorseCrazy
      Posted on April 19, 2012 at 10:13am

      yes they put the entire case in jeopardy. I am getting pretty fed up with government intrusion and violations of rights on every level. prayers for this poor little girls family. may she be at peace

      Report Post »  
  • hi
    Posted on April 19, 2012 at 9:52am

    The evidence will be thrown out in court and the true criminal will go free. Prayers to the little girl’s family. It is so sad and rips out my heart.

    Report Post » hi  
  • Mr. Oshawott
    Posted on April 19, 2012 at 9:52am

    The police officers were clearly WRONG in getting DNA samples from the students, even if they are capable of giving consent. Why? The police officers took the DNA samples WITHOUT A WARRANT; hence, this is where the Fourth Amendment comes into play:

    “The right of the people to feel secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

    This means that even if the the students were mature enough to “give consent” to seize DNA samples from them, the police officers were still within grounds of violating the Fourth Amendment. The reason for that is that their seizures of the DNA samples was un-Constitutional, as they didn’t have a warrant to take them.

    Report Post » Mr. Oshawott  
    • code green
      Posted on April 19, 2012 at 2:48pm

      You are correct. Probable cause is needed to get a warrant,then the subjects need to be identified especialy when a minor is involved.
      We had the same problem here in Wichita over the BTK serial killer. All of the officers that were working at the time of the murders were “compelled aka. coerced” to give a mouth swab. Had it been one of the WPD officers, it is arguable that the DNA could have been used in court, because there was no warrant.
      From my ten years on the streets I see a lazy shotgun procedure.

      Report Post »  
  • G-WHIZ
    Posted on April 19, 2012 at 9:50am

    Some of the original American “indians” thought that “taking” a picture was taking part of their soul, so the refused. Forward to today…Actual theft of property..stealing blood without the [minors']-parents consent is a THEFT-OF-PRIVATE-PROPERTY. One can not get any more PRIVATE than the INSIDE of ones OWN BODY!! I smell a huge $$ lawsuit…You WILL make money, and your lawyer(s) will make money…but sue each one involved-directly, privately, for their whole NET worth. If you sue just the “department”, YOUR TAX DOLLARS will pay you for their-own lawsuit and their lawyers, and their court-costs, too…even if/when you “win”.

    Report Post »  
  • Dougral Supports Israel
    Posted on April 19, 2012 at 9:46am

    Parents should be involved or at least given the option to be present at any questioning. Kids are too easily intimidated by authority to judge properly what they should do. Kids are not judged competent to do many things in our society but police think they are up to sitting under the hot lights by themselves? Ridiculous!

    Report Post »  
    • SgtB
      Posted on April 19, 2012 at 1:51pm

      Hell, most adults are not even capable of properly handling their own defense or questioning by police. Ask any good lawyer what you should talk to an officer about and the answer is NOTHING! Never speak to a police officer whatsoever. You can cooperate with their instructions, but you never tell them anything. You don’t even describe what you saw or how an incident took place. Remember, anything you say or do can and WILL be used against you in a court of law. The police do not exist to serve and protect. They are an arm of the judiciary and act almost solely as witnesses in criminal investigations and trials.

      Report Post » SgtB  
  • BlackCrow
    Posted on April 19, 2012 at 9:41am

    If it had been my kid I would be doing a dance on the police chief’s desk! Were they Mirandized? Can an 8th grader understand their Fifth Amendment rights? Another abuse of official power by a Barny Fife police department.

    Report Post » BlackCrow  
  • Snowleopard {gallery of cat folks}
    Posted on April 19, 2012 at 9:29am

    One more intrusion into our rights and freedoms by an ever more oppresive government.

    Report Post » Snowleopard {gallery of cat folks}  
    • lukerw
      Posted on April 19, 2012 at 9:43am

      Freedom is the opposite of Security… just as the Constitution is the opposite of Socialism!

      Report Post » lukerw  
  • starman70
    Posted on April 19, 2012 at 9:25am

    UNLEASH THE LAWYERS! I smell a very lucrative class action suit on behalf of the parents. No invasion of the personhood of a minor by the police or any other governmental official should ever be tolerated.

    I’m sure that every parent of any student involved would have granted permission BUT to do this without parental consent borders on criminality on the part of the police.

    Report Post »  
1 2

Sign In To Post Comments! Sign In

Sign Up For Our Newsletter!

Glenn Beck Radio

Listen to Glenn Beck 24/7 Listen Now
Restoring Love