Category Archives: DNA

D.N.M.: There was at least circumstantial evidence defs’ DNA would be found in evidence to justify SW for it

There was sufficient probable cause defendants were involved in a robbery and could be linked to evidence in the case for DNA samples to be taken from them by search warrants. “Although the Search Warrant lacks direct evidence that the … Continue reading

Posted in § 1983 / Bivens, DNA, Probable cause | Comments Off

CA1: No RS for a protective sweep just because def was suspected of drugs

The government had no evidence of violence or reason to believe that there was anybody else in the apartment to justify a protective sweep. The crime alone, suspected drug trafficking, didn’t provide it. United States v. Delgado-Pérez, 2017 U.S. App. … Continue reading

Posted in DNA, Protective sweep, Reasonable suspicion | Comments Off

D.Nev.: Nighttime search clause in SW moot where search was during day

Police showed probable cause for a DNA search warrant in an effort to connect defendant to an armed robbery. The warrant had a nighttime search clause. Since this all happened during daylight hours, any issues with the nighttime clause are … Continue reading

Posted in DNA, Nighttime search | Comments Off

LA4: No right to a Miranda warning when consent sought for DNA swab

Taking DNA by a buccal swab is a search, but defendant doesn’t have a right to a Miranda warning when consent is sought. State v. Cooper, 2017 La. App. LEXIS 1211 (La.App. 4 Cir. July 5, 2017). The seizure of … Continue reading

Posted in Cell phones, Consent, DNA, Plain view, feel, smell | Comments Off

GA: Minor didn’t consent to DUI blood draw

The trial court’s finding that a minor’s consent to a blood draw was invalid is affirmed on appeal. The trooper signed the consent form for him. In the Interest of C.W., 2017 Ga. App. LEXIS 329 (June 28, 2017).* Late … Continue reading

Posted in Consent, DNA | Comments Off

LA2: Reasonable possibility respondent was father was enough to order DNA test in face of 4A objection

Respondent was the subject of a petition to establish paternity, and he claimed that the statute to order DNA testing required the Fourth Amendment be complied with. “Here, Rogers argues that in order to prove a reasonable possibility of paternity, … Continue reading

Posted in Consent, DNA, Probable cause | Comments Off

OK: Def counsel not constitutionally required to be notified of DNA SW after prosecution began

A search warrant was obtained for defendant’s DNA after he was represented. The affidavit showed probable cause, and there was no requirement to advise defense counsel of the search warrant before execution. Frederick v. State, 2017 OK CR 12, 2017 … Continue reading

Posted in DNA, Standards of review, Warrant execution | Comments Off

PA: Once SW issues for clothes and DNA removed, no further warrant needed for DNA testing

DNA lawfully seized from defendant’s clothes did not require a separate warrant to test it. Defendant doesn’t have a reasonable expectation of privacy in his victim’s DNA on him. Once DNA is lawfully taken, there is no longer any reasonable … Continue reading

Posted in DNA, Drug or alcohol testing, Reasonable expectation of privacy | Comments Off

N.D.Ga.: The Franks doctrine applies only to factual misstatements, not legal conclusions

Following United States v. Barnes, 126 F. Supp. 3d 735, 740 (E.D. La. 2015), the Franks doctrine applies only to factual misstatements, not legal conclusions. United States v. Tabares, 2016 U.S. Dist. LEXIS 186540 (N.D.Ga. June 3, 2016), adopted, 2017 … Continue reading

Posted in DNA, Franks doctrine | Comments Off

E.D.N.Y.: Def objection to new saliva sample by SW denied

Defendant pro se opposed the taking of a new saliva sample. For some reason, the government applied for and obtained a new warrant for saliva having determined that the prior sample was too old or insufficient. The taking of the … Continue reading

Posted in DNA, Informant hearsay | Comments Off