Category Archives: DNA

D.D.C.: Govt doesn’t show PC to connect defs to weapons to force DNA swabs

“A federal grand jury indicted Corry Blue Evans and various members of his family on multiple offenses including extortion, money laundering, and bank fraud. Pending before the Court is the government’s motion for an order to compel Corry Blue Evans … Continue reading

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NE: Def’s DNA taken in prison for a felony conviction could be used in a new prosecution, and def counsel wasn’t ineffective for not challenging it

Defendant was convicted of a sex crime and was required by statute to give a DNA sample thereafter. That DNA sample linked him to the current offense. His lawyer wasn’t ineffective for not challenging its use in his case because … Continue reading

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ABAJ: Genealogy sites give law enforcement a new DNA sleuthing tool, but the battle over privacy looms

ABAJ: Genealogy sites give law enforcement a new DNA sleuthing tool, but the battle over privacy looms by Jason Tashea with the story of an exoneration by reverse engineering DNA from genealogy sites to find the real killer who confessed … Continue reading

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ACLU Blog: Rapid DNA Machines in Police Departments Need Regulation

ACLU Blog: Rapid DNA Machines in Police Departments Need Regulation Vera Eidelman & Jay Stanley (“Police departments around the country are beginning to deploy ‘Rapid DNA’ machines, which can take a cheek swab or other genetic sample and automatically generate … Continue reading

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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

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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

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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

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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

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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

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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.

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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.

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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

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