Fingerprint evidence is common in criminal cases. Since the early 1900s, fingerprints have been used to identify suspects during criminal investigations. However, fingerprint evidence is controversial. Many have questions about its reliability and how much weight should be given to a fingerprint match.
A San Jose criminal defense lawyer can help you fight against unreliable fingerprint evidence being used against you. If you were wrongfully convicted based on faulty evidence, you may have a path to exoneration.
How Is Fingerprint Evidence Used In Court?
Fingerprint evidence can be used in several ways in criminal court. Most commonly, a fingerprint match is used to connect the defendant to a crime scene. It can also be used to identify the defendant or show that the defendant possessed a certain piece of evidence.
Police may lift a fingerprint during their investigation and then run it through a system called the Automated Fingerprint Identification System (AFIS) to search for a match. AFIS is a national fingerprint database. Even if a particular police department has never had contact with a suspect, there may be a record from a previous law enforcement contact somewhere else.
To admit fingerprint evidence, the prosecutor generally needs to call an expert witness. The expert witness is usually the fingerprint analyst. The analyst will discuss the methodology, process, and whether or not there was a match. The defendant has the opportunity to cross-examine the analyst and raise questions about the reliability of the match.
Types of Fingerprint Evidence
There are three types of fingerprint evidence:
- Latent prints
- Patent prints
- Plastic prints
Latent prints are invisible prints left by sweat or oil on the hands. Investigators use a chemical to illuminate these prints. Patent prints are visible. They are often left in various materials like blood, paint, or dirt. The investigator can simply photograph these prints without enhancing them.
Plastic prints are imprints on soft surfaces such as mud, grease, or wax. Investigators can take a mold of these prints or photograph them.
Is Fingerprint Evidence Reliable?
Fingerprint evidence is widely used, but notoriously unreliable. Television and crime documentaries have made the general public believe that a fingerprint match is the gold standard of scientific evidence. However, this isn’t true.
While fingerprints are unique from person to person, no data shows just how unique they are. Furthermore, fingerprint matching is considered a science. However, unlike other sciences, there is no standard method of matching fingerprints to a person. This means that fingerprint analysts can declare a match without following a particular procedure.
To declare a match, most fingerprint analysts simply compare the prints.
They look for identifying features in the print, such as:
- Loops
- Arches
- Whorls
The analyst may measure the distance between these features and the location on the finger.
They will compare it with the criminal defendant’s known print and then decide whether or not it is similar enough to declare a match. However, there is no set number of similarities required to match. For example, one analyst may look for 10 points of similarity while another may look for 20. This also means that the analyst cannot accurately say how scientifically certain the match is.
There are also times when analysts draw conclusions based on partial or smudged prints. If the police fail to lift a full print or make an error in the collection process, it can lead to an even more unreliable match.
Will the Police Take My Fingerprints if I Am Arrested?
The police will take your fingerprints if you are arrested in California, even if only for a misdemeanor. This is part of the standard booking process. The reason that they take the fingerprints is for identification purposes, just like a booking photo. However, the prints can also be used as evidence against you.
The police will input the fingerprints into various databases, including AFIS. The fingerprints will permanently remain in the databases, meaning that any other law enforcement agency can access them. Many people are connected to crimes in other states because of fingerprints included in this database.
Can I Refuse to Get Fingerprinted?
If you are arrested, you have no option except to provide your fingerprints during booking. If you are not in custody, you do not need to agree to get fingerprinted without a warrant. You should never agree to provide your fingerprints to law enforcement unless you are being booked, there is a valid warrant, or after speaking with an attorney.
Even if you are innocent, providing your fingerprints can come back to hurt you. Since the evidence may be unreliable, there could be a false match. Furthermore, the prints may be input into databases that can connect you with other crimes.
How Can I Defend Against Fingerprint Evidence?
The best way to defend against fingerprint evidence is to call a San Jose criminal defense attorney. A lawyer can help you connect with expert witnesses to cast doubt on the reliability of the match. This evidence is powerful in front of a jury and may unravel the prosecution’s case against you.
Contact Our San Jose Criminal Defense Lawyers Today for a Free Consultation
Facing fingerprint evidence in your case can be overwhelming, but you don’t have to handle it alone. A skilled San Jose criminal defense attorney at Ahmed & Sukaram, Criminal Defense Attorneys can help you challenge flawed forensic methods and protect your rights.
We understand the weaknesses in fingerprint analysis and know how to fight back. Call (408) 217-8818 or contact us today for a free consultation and take the first step toward building your defense.