Category Archives: DNA

E.D.N.Y.: Def objection to new saliva sample by SW denied

Defendant pro se opposed the taking of a new saliva sample. For some reason, the government applied for and obtained a new warrant for saliva having determined that the prior sample was too old or insufficient. The taking of the … Continue reading

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WaPo: Employees who decline genetic testing could face penalties under proposed bill

WaPo: Employees who decline genetic testing could face penalties under proposed bill by Lena H. Sun: Employers could impose hefty penalties on employees who decline to participate in genetic testing as part of workplace wellness programs if a bill approved … Continue reading

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D.D.C.: Under Md. v. King, govt needn’t show actual need for DNA of already arrested person

The government moved for DNA by buccal swab from four defendants, and it does not have to show a need for genetic testing under Maryland v. King. United States v. Proctor, 2017 U.S. Dist. LEXIS 16618 (D.D.C. Feb. 2, 2017). … Continue reading

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MN: Request for consent to DNA after def lawyers up doesn’t violate 5A

“Because a request that a suspect consent to provide a DNA sample does not constitute interrogation under Miranda v. Arizona, … and DNA evidence is not testimonial or communicative in nature, a police officer does not violate a suspect’s Fifth … Continue reading

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NYTimes: Family DNA Searches Seen as Crime-Solving Tool, and Intrusion on Rights

NYTimes: Family DNA Searches Seen as Crime-Solving Tool, and Intrusion on Rights by Eli Rosenberg: An unsolved Queens killing has led to calls for widening DNA searches to include relatives of possible suspects. But the method, a frontier in forensic … Continue reading

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LA1: DNA testing for paternity testing is governed by the 4A

Court ordered DNA testing for paternity is a search under the Fourth Amendment, but it is reasonable. L.J.D. v. M.V.S, 2017 La. App. LEXIS 107 n.8 (La.App. 1 Cir. Jan. 25, 2017). The police knew three weeks ahead of time … Continue reading

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CA11: First offender DNA sample that should have been destroyed under state law but wasn’t could be used in federal prosecution

Under Georgia law, a DNA sample from a first offender should be expunged from the system when he completes his probation or sentence. This one wasn’t. Whatever the statute says, it doesn’t violate the Fourth Amendment. United States v. Hinton, … Continue reading

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UT: Discovery order for DNA taking based on showing of PC was valid way to get it

Defendant was accused of burglary and aggravated assault, but he could not be identified by his victims. The state applied for a DNA collection order via the discovery rules, and defendant said he would not comply. Then an order was … Continue reading

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ProPublica: DNA Dragnet: In Some Cities, Police Go From Stop-and-Frisk to Stop-and-Spit

ProPublica: DNA Dragnet: In Some Cities, Police Go From Stop-and-Frisk to Stop-and-Spit by Lauren Kirchner: Police in Florida and other states are building up private DNA databases, in part by collecting voluntary samples from people not charged with — or … Continue reading

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N.D.Ga.: SCA warrant can cross jurisdictional lines

“The Court agrees with the Magistrate Judge’s determination that the SCA provided authority for the search authorized by Magistrate Judge Smith. See United States v. Berkos, 543 F.3d 392, 398 (7th Cir. 2008) (geographic limitation of Rule 41(b) does not … Continue reading

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