In a matter concerning whether the Dakota County Sheriff's Office could begin taking DNA samples from individuals arrested for certain serious crimes, the Minnesota Supreme Court ruled in favor of Dakota County Sheriff Tim Leslie.
Based on the Minnesota Supreme Court's issuance of a writ of prohibition on January 11, 2017, in In re Timothy Leslie, Dakota County Sheriff, State of Minnesota vs. John David Emerson, the Dakota County Sheriff's Office reinstituted its procedures to collect DNA from those individuals who meet the criteria in Minnesota Statutes Section 299C.105. The Sheriff requested that the Supreme Court issue the writ to prohibit enforcement of a District Court Order that precluded the collection of DNA, which is mandated by law. In 2015, Sheriff Tim Leslie began taking DNA samples under Minnesota law from individuals arrested and charged with certain enumerated serious offenses after a court made a probable cause determination.
Dakota County Sheriff Leslie explained, "This is a good development for public safety in Dakota County. We were the first and only Sheriff's Office in Minnesota to once again begin the collection of DNA samples. We believed it was the right thing to do then and it's still the right thing to do. This is an important law which aids in the identification of individuals arrested for serious felonies who are housed within the Dakota County Jail and helps protect the safety of our communities."