Both Bruno and Curry say if they can arrest their suspect, even on something minor like trespassing, he would be compelled to give a DNA sample. However in New York a DNA sample is not taken from someone when they are arrested, unless they are arrested with an arrest warrant under suspicion of committing a violent felony. DNA is not taken during a misdemeanor arrest, or a non-violent felony arrest, DNA samples are only taken for those types of crimes if the person is convicted. If the police want a DNA sample from someone who was arrested for a misdemeanor the police would have to get a warrant for their DNA; and that would be a separate warrant from an arrest warrant.