Category Archives: DNA

OR: Parents’ consent to taking DNA from juvenile wasn’t valid

A juvenile accused of a sex offense also has to consent with his parents to taking a DNA swab. The parent’s consent alone is not enough. In re H. K. D. S., 305 Ore. App. 86, 2020 Ore. App. LEXIS … Continue reading

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FL1: FDLE’s failure to remove DNA after acquittal in prior case wasn’t a separate 4A violation nor was it subject to the exclusionary rule

FDLE’s failure to remove defendant’s DNA from the state CODIS database after his acquittal in a prior case wasn’t a Fourth Amendment violation nor subject to the exclusionary rule to keep it from being used in this case. The evidence … Continue reading

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RI: Reasonable use of force to take inmate’s DNA under SW wasn’t grounds for suppression

The trial court erred in granting defendant’s motion to suppress the taking of his DNA by force under a search warrant when he refused to cooperate. He already had a reduced expectation of privacy in the jail, and the state’s … Continue reading

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Fox5NY: DNA from coronavirus face mask leads to arrest in child molestation case, police say

Fox5NY: DNA from coronavirus face mask leads to arrest in child molestation case, police say by Kelly Taylor Hayes (“A face mask used amid the coronavirus pandemic helped police in California arrest a man suspected in a child molestation case … Continue reading

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NE: Indicia linking def to premises searched could be subject of SW; affidavit didn’t need a detailed explanation of CODIS for magistrate

Obtaining defendant’s CSLI in February 2017, 16 months before Carpenter, was in good faith and reasonable. That information could thus be used in an affidavit for search warrant for his house because probable cause was otherwise shown for it. Also, … Continue reading

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MA: DNA swab taken by consent during arrest without PC is suppressed, but state can do it over on remand

Defendant was arrested for murder, handcuffed and taken in for interrogation, all without probable cause. His statement was suppressed, and the state fails to show that obtaining his buccal swab during this time would clear even the low bar for … Continue reading

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TN: DNA sample was subject to inevitable discovery where def was subjected to another one for a homicide two years later

Defense counsel wasn’t ineffective for not objecting to a DNA sample where defendant claimed it exceeded his consent. The post-conviction court found that it didn’t. Moreover, discovery was inevitable because another DNA sample was validly taken two years later as … Continue reading

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S.D.Ga.: There is no per se staleness, and how is DNA stale?

There is no per se staleness. A new warrant for defendant’s DNA alleging it was previously drawn in 2005 and 2007 and matched wasn’t stale. How does DNA change? It doesn’t. United States v. Williams, 2020 U.S. Dist. LEXIS 38735 … Continue reading

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NPR: Genealogy Websites Help To Solve Crimes, Raise Questions About Ethics

NPR: Genealogy Websites Help To Solve Crimes, Raise Questions About Ethics by Kate Payne (“An Iowa man has been found guilty of a 40-year-old murder after he was tracked down through a family genealogy website. Many privacy concerns have been … Continue reading

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D.Nev.: Affidavit for SW for DNA showed PC by parallels between two crimes and def

“The underlying facts in the affidavit compare the actions of Tualua with the actions of the people who committed the prior EZ Pawn robberies, which would allow the issuing judge to make his or her own conclusions. Under the totality … Continue reading

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NBC News: ‘They lied to us’: Mom says police deceived her to get her DNA and charge her son with murder

NBC News: ‘They lied to us’: Mom says police deceived her to get her DNA and charge her son with murder (“A murder case raises the question: Is it OK for police to lie to get an innocent person’s DNA?”)

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NBC News: Texas man close to exoneration after computer algorithm leads to new suspect

NBC News: Texas man close to exoneration after computer algorithm leads to new suspect by Erik Ortiz (“Lydell Grant was supposed to be in prison for murder. But an emerging form of DNA technology, which has also come under scrutiny, … Continue reading

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Axios: Ancestry.com refused court request to give police DNA database access

Axios: Ancestry.com refused court request to give police DNA database access by Rebecca Falconer (“Ancestry.com refused to comply with a search warrant pushed by a Pennsylvania court for police to gain access to its database of about 16 million DNA … Continue reading

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NYTimes: Opinion: DNA Collection at the Border Threatens the Privacy of All Americans

NYTimes: Opinion: DNA Collection at the Border Threatens the Privacy of All Americans by Daniel I. Morales, Natalie Ram and Jessica L. Roberts (“We’re one step closer to the ‘genetic panopticon’ that Antonin Scalia warned us about.”)

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techdirt: DHS Move Ahead With Plan To Harvest DNA Samples From Nearly Everyone Detained By ICE And CBP Privacy

techdirt: DHS Move Ahead With Plan To Harvest DNA Samples From Nearly Everyone Detained By ICE And CBPPrivacy by Tim Cushing:

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WaPo: You need a good reason to curb privacy. None exists for collecting DNA at the border.

WaPo: Editorial Board: You need a good reason to curb privacy. None exists for collecting DNA at the border. NEWS THIS MONTH that the U.S. government would start collecting DNA from people detained at the border seemed to sketch out … Continue reading

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