Category Archives: DNA

CO: Def’s DNA was unlawfully collected in a juvenile proceeding and entered into CODIS, and the exclusionary rule is applied

Defendant’s DNA was unlawfully collected in a juvenile proceeding that was ultimately dismissed with deferral. It wasn’t removed from CODIS, and defendant was later linked to a carjacking from his DNA. The exclusionary rule is applied because the first search … Continue reading

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Cal.4th: Retroactive conversion of felony MJ conviction to civil infraction didn’t require lawfully collected DNA be purged from database

California’s retroactive conversion of personal use felony marijuana convictions to civil infractions does not warrant removal of defendant’s DNA from the system. People v. Laird, 2018 Cal. App. LEXIS 841 (4th Dist. Aug. 30, 2018), ordered published Sep. 21, 2018. … Continue reading

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WaPo: A serial rapist eluded police for years. Then they searched a genealogy site.

WaPo: A serial rapist eluded police for years. Then they searched a genealogy site. by Eli Rosenberg:

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GA: Probate judge could issue SW under state law

It wasn’t a violation of state law that a probate judge signed the search warrant in this case. Joyner v. State, 2018 Ga. App. LEXIS 474 (Aug. 3, 2018). Defendant’s DNA was found on bullet casings, and that was added … Continue reading

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D.Conn.: A safe could be searched under SW in a homicide case; logical place for weapon or ammunition

There was probable cause to search a safe found in defendant’s house for evidence in a murder case because the firearms, ammunition, clothing, or electronic devices could be there. United States v. Fable, 2018 U.S. Dist. LEXIS 129527 (D. Conn. … Continue reading

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NY2: Murder conviction reversed: state failed to show PC to take def’s DNA

Probable cause was not shown to take defendant’s DNA. “Here, as the People correctly concede, the affidavit of the detective submitted in support of the search warrant application was conclusory and insufficient to establish probable cause to issue the warrant … Continue reading

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NJ: Hearsay affidavit for DNA was permissible, but the state failed to show PC

Hearsay related by the affiant for defendant’s DNA sample was constitutionally permissible. Nevertheless, the state failed to show probable cause that defendant’s DNA would be on a gun, and the order denying the DNA sample was properly denied. State v. … Continue reading

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Legal Intelligencer: As Genealogy Databases Aid in Crime-Solving, Are Courts Ready to Tackle DNA Privacy?

Legal Intelligencer: As Genealogy Databases Aid in Crime-Solving, Are Courts Ready to Tackle DNA Privacy? by Max Mitchell: The trail of murders and assaults spanning California went unsolved for decades, until investigators turned to a tool more popular with genealogy … Continue reading

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OH7: There was plenty of PC for def’s DNA in a murder case to connect him to the body found in his house

Affidavits for search warrant can be based on hearsay, and here the totality of information was probable cause to gather defendant’s DNA in a murder case. There was a known connection between the defendant and the victim, and male DNA … Continue reading

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NM: State’s DNA collection act const’l under King; def has no interest in whether his DNA might end up tested against a cold case was lawfully collected

The state has an interest in collecting DNA from arrestees, and King is followed. Defendant doesn’t make any credible argument why the state constitution should be applied except that he shouldn’t have his DNA compared to that on file from … Continue reading

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Baylor Med School: [Medical] Ethicists examine law enforcement’s use of genetic databases

Baylor Med School: Ethicists examine law enforcement’s use of genetic databases by Allison Mickey:

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WaPo: The hunt for the Golden State Killer led detectives to a Hobby Lobby parking lot

WaPo: The hunt for the Golden State Killer led detectives to a Hobby Lobby parking lot by TJ Ortenzi: While Joseph DeAngelo shopped inside, detectives swabbed his car door for DNA, according to documents that were unsealed Friday.

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