Category Archives: DNA

D.N.M.: Controlled buys that led to SW come in through 404(b) or res gestae

Under 404(b), the officers will be permitted to testify at trial to controlled buys that led to the search warrant. United States v. Martinez, 2019 U.S. Dist. LEXIS 154066 (D. N.M. Sept. 10, 2019). Defendants were stopped for speeding, and … Continue reading

Posted in DNA, Reasonable suspicion | Comments Off on D.N.M.: Controlled buys that led to SW come in through 404(b) or res gestae

DE: DNA warrant fails because affidavit for it does show how or why it could be found

“As previously noted, this Court must pay great deference to a magistrate’s determination of probable cause and must take a common-sense approach rather than a hyper-technical approach. Nonetheless, given the totality of the circumstances set forth in the Affidavit, including … Continue reading

Posted in DNA, Nexus, Probable cause, Reasonableness | Comments Off on DE: DNA warrant fails because affidavit for it does show how or why it could be found

DE: No nexus for def’s DNA to murder; search incident can’t be used to take DNA

The state’s search warrant for defendant’s DNA has zero nexus to the murder he was being investigated for on a gun. The state’s alternative argument that DNA can be collected by the search incident doctrine 11 hours later is rejected. … Continue reading

Posted in DNA, Nexus, Search incident | Comments Off on DE: No nexus for def’s DNA to murder; search incident can’t be used to take DNA

UT: SW implicitly carries authority to use reasonble force to execute it; here, taking DNA

Police had a search warrant to obtain DNA. A search warrant implies that reasonable force might have to be used to execute it. A target can’t simply refuse to comply. State v. Evans, 2019 UT App 145, 2019 Utah App. … Continue reading

Posted in DNA, Warrant execution | Comments Off on UT: SW implicitly carries authority to use reasonble force to execute it; here, taking DNA

WSJ: Customers Handed Over Their DNA. The Company Let the FBI Take a Look.

WSJ: Customers Handed Over Their DNA. The Company Let the FBI Take a Look. By Amy Dockser Marcus: Millions of consumers have bought home-test kits, including 1.5 million from FamilyTreeDNA. How that data is used is largely left up to … Continue reading

Posted in DNA | Comments Off on WSJ: Customers Handed Over Their DNA. The Company Let the FBI Take a Look.

Above The Law: I Just Want Your DNA

Above The Law: I Just Want Your DNA by Toni Messina: Even DNA from people who do ancestral testing can find its way into police databases.

Posted in DNA | Comments Off on Above The Law: I Just Want Your DNA

NYTimes: N.Y.P.D. Detectives Gave a Boy, 12, a Soda. He Landed in a DNA Database.

NYTimes: N.Y.P.D. Detectives Gave a Boy, 12, a Soda. He Landed in a DNA Database. by Jan Ransom and Ashley Southall: The city has 82,473 people in its database. Many of them have no idea their genetic information is there.

Posted in DNA | Comments Off on NYTimes: N.Y.P.D. Detectives Gave a Boy, 12, a Soda. He Landed in a DNA Database.

D.D.C.: Evidence at the detention hearing supports PC for a DNA test for defendant

Defendant was indicted and then the government sought a DNA test to connect him to the case. Based on the detention hearing, evidence showed “(1) links the defendant’s gun to the murder weapon; (2) connects scented oil vials found at … Continue reading

Posted in DNA | Comments Off on D.D.C.: Evidence at the detention hearing supports PC for a DNA test for defendant

NJ: While first DNA sample violated 4A, second was based on independent source and was valid

The first DNA sample taken from defendant violated the Fourth Amendment. The state, however, got a do over and it used untainted information to get a second which was valid based on independent source. State v. Camey, 2019 N.J. LEXIS … Continue reading

Posted in DNA, Independent source | Comments Off on NJ: While first DNA sample violated 4A, second was based on independent source and was valid

D.Mont.: Locked gun safe in house subject to parole search condition

A locked gun safe was subject to a parole search condition. United States v. Crawford, 2019 U.S. Dist. LEXIS 104527 (D. Mont. June 21, 2019). The facts and circumstances of this case show probable cause for obtaining DNA from defendant … Continue reading

Posted in DNA, Probation / Parole search | Comments Off on D.Mont.: Locked gun safe in house subject to parole search condition

NYTimes: Opinion: Want to See My Genes? Get a Warrant

NYTimes: Opinion: Want to See My Genes? Get a Warrant by Elizabeth Joh: Should the police be able to investigate your genetic family tree for any crime, no matter how minor?

Posted in DNA | Comments Off on NYTimes: Opinion: Want to See My Genes? Get a Warrant

Wired: A Murder Trial Will Allow DNA Evidence from a Genealogy Site

Wired: A Murder Trial Will Allow DNA Evidence from a Genealogy Site by Megan Molten:

Posted in DNA | Comments Off on Wired: A Murder Trial Will Allow DNA Evidence from a Genealogy Site