Fingerprints can be valuable evidence in a criminal case. Depending on where the police found the prints, they could be the basis for a conviction. If you are arrested, chances are the deputies took your fingerprints when booking you in jail. This is a routine procedure to identify you.
However, the police may use them to compare fingerprints at the crime scene. This is why you should never voluntarily consent to getting fingerprinted. Once the police have your fingerprints, they will stay in the fingerprint database for a long time. Your prints could be used against you in a current case or other criminal cases in the future.
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Different Types Of Fingerprint Evidence
Fingerprints are complex. Not only are fingerprints unique to each person, but there are three different types of fingerprint evidence.
Latent Fingerprints
Latent fingerprints are one of the most common types of fingerprint evidence. These prints are invisible to the human eye. The prints are formed from oil and residue on the skin. This skin leaves an invisible fingerprint that is visible once chemicals are applied.
Many people are familiar with fingerprint dusting, or they have seen investigators on television spray a solution onto evidence to reveal latent prints.
Patent Fingerprints
Unlike latent prints, patent fingerprints are visible to the naked eye. These prints are left on surfaces because there was a substance on the finger at the time of imprinting. For example, a defendant could leave a patent fingerprint with blood, ink, or paint.
Plastic Fingerprints
Plastic fingerprints are visible like patent prints. However, unlike patent prints, plastic fingerprints are three-dimensional. Essentially, a plastic print is left on a soft surface, which creates an indentation of the print. It is a mold that can be photographed or even cast in certain circumstances.
Are Fingerprints Reliable Scientific Evidence?
Fingerprint evidence, while widely accepted, is subject to human error and can be less definitive than other forms of evidence, such as DNA. That’s because fingerprint evidence relies upon a fingerprint analyst to make a match. This process involves an examiner looking at the suspect’s print and the print from the crime scene to determine if they look the same.
If an examiner determines that there is a match, there is no way to conclude how accurate that match is. While it is commonly accepted that fingerprints are unique, it is not known how unique they are. An examiner cannot honestly say that there is a 100% match or that they are 100% certain the print does not belong to anyone else.
Additionally, since fingerprint examiners are only humans, they are subject to biases. If a fingerprint examiner knows the details of the case before analyzing the print, they are more likely to find a match. Furthermore, there is no way to determine the accuracy of a match if there is a smudged or partial print.
While fingerprint evidence is still used in court, a defense attorney can question a fingerprint examiner about it, including the process and training and questions about the reliability of the print.
Is Fingerprint Evidence Admissible In Court?
Generally, fingerprint evidence is admissible in Indianapolis courts so long as certain requirements are met. The requirements are:
- The fingerprint examiner is qualified as an expert witness.
- The fingerprint examiner’s opinion will help the judge or jury understand the fingerprint evidence.
- The testimony is based on reliable scientific methods.
- The fingerprint examiner’s opinion is based on facts or data.
Additionally, the fingerprint must be relevant.
Even though a fingerprint may be admitted in court, the defendant can cast doubt about its reliability. A defendant can call their own expert witness to talk about fingerprints and ask questions about how the police collected the print.
Furthermore, a defense attorney may file a pretrial motion to exclude the fingerprints. If admitted, they can object during trial and argue that the print is not based on reliable scientific methods.
Can You Refuse To Get Fingerprinted By The Police?
Sometimes, you can refuse to get fingerprinted by the police, but not always. If you are arrested, you cannot refuse to get fingerprinted at the jail. This is compulsory and part of the booking process.
If you are not arrested but are a suspect in a criminal case, the police could ask you to provide your fingerprints voluntarily. Usually, they do this by saying they want to exclude you as a suspect. You can refuse to provide your fingerprints under these circumstances.
However, the police may have probable cause to get a search warrant for your fingerprints. If the police get a warrant, you must provide the prints. If you refuse to give your prints even knowing that there is a valid search warrant, you could be held in contempt and arrested.
Sometimes, the police get a suspect’s fingerprints without their consent. This usually happens secretly, such as lifting the print from the suspect’s garbage or following them until they touch something in public. This manner is less common because it raises many questions about the collection process and reliability of the print itself.
Consult With A Criminal Defense Lawyer About Fingerprint Evidence
If there is fingerprint evidence in your case, it could become quite serious. A criminal defense lawyer can explain how the evidence may be used against you. They will work hard to keep it out of court and raise questions about its reliability. This work is almost impossible for someone who is not an expert in criminal law. Call Suhre & Associates DUI and Criminal Defense Lawyers at (317) 759-2599 to schedule a free consultation today.
