Category Archives: DNA

D.N.M.: Federal criminal complaint supported PC for DNA sample

A federal criminal complaint can satisfy the probable cause requirement for a DNA sample. United States v. Mercado-Gracia, 2018 U.S. Dist. LEXIS 182458 (D. N.M. Oct. 24, 2018). Defendant’s term of probation permitting searches of his residence includes temporary quarters, … Continue reading

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Atlantic: VIDEO: You Should Be Worried About Your DNA Privacy

Atlantic: VIDEO: You Should Be Worried About Your DNA Privacy by Vishakha Darbha & Sarah Zhang: As DNA tests such as 23andMe and AncestryDNA become increasingly prevalent, concerns about genetic privacy are mounting-and with good reason, says the Atlantic writer … Continue reading

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CO: Unauthorized taking of juvenile’s DNA requires suppression

Unauthorized collection of DNA from a juvenile offender is subject to suppression and it should be purged from CODIS. Casillas v. People, 2018 CO 78M, 2018 Colo. LEXIS 832 (Oct. 15, 2018). A routine traffic stop outside of a municipal … Continue reading

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NYTimes: How an Unlikely Family History Website Transformed Cold Case Investigations

NYTimes: How an Unlikely Family History Website Transformed Cold Case Investigations by Heather Murphy: Fifteen murder and sexual assault cases have been solved since April with a single genealogy website. This is how GEDmatch went from a casual side project … Continue reading

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NY Times: Most White Americans’ DNA Can Be Identified Through Genealogy Databases

NY Times: Most White Americans’ DNA Can Be Identified Through Genealogy Databases by Heather Murphy: And, of course, it can be subpoenaed by the government.

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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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