OH: Request for consent for a DNA swab is not an interrogation.

A request for consent for a DNA swab is not an interrogation. “By making this request, Weinhardt was asking Tench to consent to a search. But ‘a request to search does not amount to interrogation.’ United States v. Smith, 3 F.3d 1088, 1098 (7th Cir.1993). Thus, even if a suspect in custody has invoked his right to counsel, police do not violate Edwards by asking him to consent to a search. United States v. Shlater, 85 F.3d 1251, 1255-1256 (7th Cir.1996).” State v. Tench, 2018-Ohio-5205, 2018 Ohio LEXIS 3027 (Dec. 26, 2018).

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