Here's another article.
Man charged with murdering Vanessa Marcotte requests DNA evidence be thrown out
In an unsigned affidavit accompanying Masferrer’s motion, Colon-Ortiz said he speaks only Spanish and cannot speak or understand English nor read or write in English.
A unsigned affidavit is useless, and Masferrer should know this.
He said he was not home when police first arrived asking for him, and his girlfriend told the officers they should return with an officer who spoke Spanish.
If I remember right, Police left a business card and told his girlfriend to have Ortiz call them. He never did, so they returned.
Colon-Ortiz also said he was unable to read and did not understand the paper he signed to consent to a DNA sample.
Unable to read, yet was able to function at Fed-Ex.
“I signed the paper they gave me because I understood that I had to or else I would be taken away,” Colon-Ortiz said in the affidavit. “I had no idea that I did not have to speak with the police or sign the paper or let them take a swab. It was my understanding that I was required to give a sample to the police and that I did not have a choice ... I did not provide the sample voluntarily.”
There is a lot of case law related to this situation.
United States v. Gaviria, 775 F. Supp. 495 (D.R.I. 1991)