Category Archives: DNA

TX: Judge sanctioned for blocking DNA testing of class A misdemeanants without authority

A former judge of the Harris County Criminal Court was sanctioned by the Texas Supreme Court for issuing orders of protection barring the Sheriff from taking DNA samples from class A misdemeanants because the judge believed the statute requiring it … Continue reading

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IN: Handswabbing for evidence doesn’t require advice of rights under state constitution

Handswabbing didn’t require advice of Pirtle rights under Indiana Constitution. DNA swabs don’t. Owens v. State, 2024 Ind. App. LEXIS 316 (Nov. 20, 2024).* The false statements in the affidavit for warrant were neither reckless nor intentional nor even material. … Continue reading

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S.D.Cal.: Def counsel’s failure to file a motion to suppress that might have been plausible isn’t IAC per se

“That a motion to suppress or an objection based on trial testimony regarding the aerial surveillance video might have been reasonable falls short of establishing deficient performance by counsel. United States v. Reyes, 2012 U.S. Dist. LEXIS 134866, 2012 WL … Continue reading

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D.Utah: Positive CODIS hit justifies SW for DNA for confirmation

“Contrary to Defendant’s view, the positive CODIS hit did not ‘only amount[] to an investigative lead at best ….’ It is well-established that a blood match from a reputable, national database that links a defendant to a crime scene establishes … Continue reading

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NY3: Cell phones found in proximity to drugs isn’t PC in itself

The search warrant for defendant’s phone should have been granted. The application for the first warrant to search failed to establish probable cause. While the officer stated in the affidavit that a quantity of drugs were found in the motel … Continue reading

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GA: Swabbing handcuffed arrestee’s hands for DNA valid as SI

Swabbing defendant’s hands for DNA while he was handcuffed in an interrogation room was valid as search incident. The DNA was easily destroyed. (Thus exigency too.) Gonzalez v. State, 2024 Ga. LEXIS 203 (Sep. 17, 2024). An warrant still in … Continue reading

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MN: Order for buccal swab during pendency of case requires SW

A search warrant is required for a buccal swab after a criminal case is proceeding. State v. Steeprock, 2024 Minn. App. LEXIS 345 (July 29, 2024); State v. Jones, 2024 Minn. App. LEXIS 412 (Aug. 29, 2024). The search warrant … Continue reading

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D.Minn.: Warrantless ion scan of car door handle was reasonable

A DNA ion scan of a car door handle was reasonable, relying on United States v. Jones, 2024 WL 1810220 (D. Minn. Apr. 25, 2024), finding no reasonable expectation of privacy in an ion scan on an apartment door from … Continue reading

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MN: PC required to get order to produce DNA for comparison to evidence

A court order for defendant’s saliva for a touch DNA comparison required a showing of probable cause. State v. Steeprock, 2024 Minn. App. LEXIS 345 (July 29, 2024). “[T]he record evidence demonstrates that three police officers ran from the police … Continue reading

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Reason: New Jersey Wants Your Baby’s Genes

Reason: New Jersey Wants Your Baby’s Genes by Elizabeth Nolan Brown (“Using genomic sequencing, doctors can diagnose diseases and abnormalities, reveal sensitivities to environmental stimulants, and assess a person’s risk of developing conditions such as Alzheimer’s disease. Ernest Post, chairman … Continue reading

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N.Mar.Isl.: DNA order in probate case complied with 4A

There was sufficient justification for the court to order a DNA test in a probate matter, and the order complied with the Fourth Amendment. In re Est. of Kapileo, 2024 N. Mar. I. LEXIS 4 (Superior Ct. June 18, 2024). … Continue reading

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MN: Warrantless DNA swabbing of apt door violated curtilage

The warrantless DNA swabbing of defendant’s apartment door was within the curtilage because it required physical contact, which is different than a dog sniff. “Although members of the public and law-enforcement officers generally have an implied license to approach a … Continue reading

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Popular Science: Law enforcement collected over 1.5 million people’s DNA since 2020

Popular Science: Law enforcement collected over 1.5 million people’s DNA since 2020 by Andrew Paul (‘The government’s DNA collection program represents a massive expansion of genetic surveillance.’).

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WI: Obtaining def’s DNA by ruse wasn’t an illegal search

The state got defendant to lick an envelope and hand it over as part of a ruse. His DNA matched to a cold case. That was not an unreasonable search. State v. Vannieuwenhoven, 2024 Wisc. App. LEXIS 349 (Apr. 30, … Continue reading

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WA: Failure to argue the state constitution to the trial court waived reliance on it on appeal

Failure to argue the state constitution to the trial court waived reliance on it on appeal. State v. Troutman, 2024 Wash. App. LEXIS 672 (Apr. 8, 2024). There was reasonable suspicion for lengthening this detention from the fact the LPN … Continue reading

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MI: Pants seized incident to arrest can be forensically tested without a SW

Defendant’s pants were seized incident to his arrest for murder because there was apparent blood on them. They were subject to being forensically tested without a separate warrant. Any reasonable expectation of privacy was lost with the seizure. People v. … Continue reading

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CA8: 5-day delay between seizure of a cell phone and the SW to get into it was reasonable

A five-day delay between seizure of a cell phone and the search warrant to get into it was reasonable. United States v. Thomas, 2024 U.S. App. LEXIS 8165 (8th Cir. Apr. 5, 2024). “Considering the factors outlined in Golinveaux, Schnitker’s … Continue reading

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E.D.N.Y.: Public employee labor union contract can consent to drug testing of members

“Despite Fourth Amendment implications, ‘a public employee union acting as the exclusive bargaining agent may consent to drug testing on behalf of the employees it represents.’” (quoting Bolden v. SEPTA, 953 F.2d 807, 828 (3d Cir. 1991). Dolginko v. Long … Continue reading

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W.D.Wash.: DNA warrant isssued with PC not quashed before execution

Because there is probable cause for defendant’s DNA warrant, the court declines to quash it before execution, let alone even discuss what the standard would be to do so. United States v. Campbell, 2024 U.S. Dist. LEXIS 53075 (W.D. Wash. … Continue reading

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S.D.Fla.: Emergency motion to quash SW denied; def can still file a motion to suppress

The target of a search filed an emergency motion to quash a search warrant for DNA to compare it to a firearm but without a showing there was DNA on the gun. The motion is denied, but the target can … Continue reading

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