Category Archives: DNA

MA: There were objectively PC and exigency for a warrantless search of def’s hands for DNA from a homicide

There was objective probable cause for a warrantless search of defendant’s hands for potential DNA in a murder case because it was easily destructible. There was also sufficient probable cause for a search warrant for his apartment for further evidence … Continue reading

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Slate: The U.S. May Soon Have a De Facto National DNA Database

Slate: The U.S. May Soon Have a De Facto National DNA Database by Natalie Ram We need to close the loopholes that allow law enforcement to take advantage of consumer genetics.

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DE: No error in order denying production of a DNA warrant in an unrelated case without showing any relevance

There was no abuse of discretion in the trial court refusing to make the state produce a DNA affidavit and search warrant in another case not shown to be relevant here. White v. StateWhite v. StateWhite v. State, 2019 Del. … Continue reading

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Law.com: What’s Next for DNA Privacy: Catching Killers, Ancestry Sites and the Fourth Amendment

Law.com: What’s Next for DNA Privacy: Catching Killers, Ancestry Sites and the Fourth Amendment by Vanessa Blum: A Q&A with Marcia Hofmann of Zeitgeist Law on Fourth Amendment protections, insurance considerations and other legal questions that arise when companies control … Continue reading

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E.D.Mo.: Def has no standing to challenge SW for another person’s Facebook account

Defendant was charged with drug dealing and the overdose death of A.C. He has no standing to challenge the search warrant for A.C.’s Facebook account. United States v. Brewer, 2018 U.S. Dist. LEXIS 220055 (E.D. Mo. Dec. 18, 2018). Despite … Continue reading

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WaPo: Police seeking DNA of male staff at health-care facility where woman in vegetative state gave birth

WaPo: Police seeking DNA of male staff at health-care facility where woman in vegetative state gave birth by Herman Wong and Cleve R. Wootson Jr.: Police investigators are seeking DNA samples from male staff members at a private care facility … Continue reading

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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 … Continue reading

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D.N.M.: Federal criminal complaint supported PC for DNA sample

A federal criminal complaint can satisfy the probable cause requirement for a DNA sample. United States v. Mercado-Gracia, 2018 U.S. Dist. LEXIS 182458 (D. N.M. Oct. 24, 2018). Defendant’s term of probation permitting searches of his residence includes temporary quarters, … Continue reading

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Atlantic: VIDEO: You Should Be Worried About Your DNA Privacy

Atlantic: VIDEO: You Should Be Worried About Your DNA Privacy by Vishakha Darbha & Sarah Zhang: As DNA tests such as 23andMe and AncestryDNA become increasingly prevalent, concerns about genetic privacy are mounting-and with good reason, says the Atlantic writer … Continue reading

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CO: Unauthorized taking of juvenile’s DNA requires suppression

Unauthorized collection of DNA from a juvenile offender is subject to suppression and it should be purged from CODIS. Casillas v. People, 2018 CO 78M, 2018 Colo. LEXIS 832 (Oct. 15, 2018). A routine traffic stop outside of a municipal … Continue reading

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NYTimes: How an Unlikely Family History Website Transformed Cold Case Investigations

NYTimes: How an Unlikely Family History Website Transformed Cold Case Investigations by Heather Murphy: Fifteen murder and sexual assault cases have been solved since April with a single genealogy website. This is how GEDmatch went from a casual side project … Continue reading

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NY Times: Most White Americans’ DNA Can Be Identified Through Genealogy Databases

NY Times: Most White Americans’ DNA Can Be Identified Through Genealogy Databases by Heather Murphy: And, of course, it can be subpoenaed by the government.

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