Category Archives: DNA

Business Insider: How to delete your DNA data from genetics companies like 23andMe and Ancestry

Business Insider: How to delete your DNA data from genetics companies like 23andMe and Ancestry by Erin Brodwin:

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NYTimes: The Cold Case That Inspired the ‘Golden State Killer’ Detective to Try Genealogy

NYTimes: The Cold Case That Inspired the ‘Golden State Killer’ Detective to Try Genealogy by Tim Arango: Before investigators in California say they solved a decades-old case of rape and murder using a genealogy website, the only other known case … Continue reading

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D.Colo.: Additional DNA sample and fingerprints despite the fact the govt already has it

The court can order an additional DNA sample and fingerprints despite the fact the government already has it. United States v. Lovato, 2018 U.S. Dist. LEXIS 71592 (D. Colo. Apr. 30, 2018). Collateral estoppel doesn’t apply to a suppression order … Continue reading

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AP: Earlier search for Golden State Killer led to wrong man

AP: Earlier search for Golden State Killer led to wrong man by Michael Balsamo and Jonathan J. Cooper with Frank Stoltze:

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Reason.com: The Golden State Killer and Your Genetic Privacy

Reason.com: The Golden State Killer and Your Genetic Privacy by Ronald Bailey “Any right of privacy in commercial DNA testers?” This was inevitable.

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NH: Warrantless DNA testing of blood obtained from hospital if error was harmless

Defendant was driving in a car crash that critically injured him and his passenger. He came to the ER, and the hospital drew five vials of blood for diagnostic testing for his condition. At the hearing all that it would … Continue reading

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Cal.: Cal.’s initiated DNA act constitutionally requires DNA sampling from those charged with serious felonies

California’s initiated DNA collection act requiring DNA sampling of those charged with serious felonies applies to defendant’s arson arrest. He refused to provide a sample on booking and was convicted of a misdemeanor offense. The California statute is not exactly … Continue reading

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D.D.C.: It doesn’t violate Franks to fail to mention a Miranda violation to gain def’s admissions (no violatIon either)

Officers had probable cause for a warrantless arrest of defendant for child pornography. “But Mr. Lieu argues that the names ‘Dave’ and ‘John’ are relatively common names and that the clothing description is too general to support the connection that … Continue reading

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D.S.D.: 4A permits taking DNA on booking from misdemeanor defendants

Defendant, a sovereign citizen, indicted for willful failure to file tax returns, when booked by the U.S. Marshal refused to be fingerprinted, photographed, or have a DNA sample taken because they were “copyrighted.” He relented as to fingerprinting and photographing … Continue reading

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Law Review: Government Analysis of Shed DNA Is a Search under the Fourth Amendment

Government Analysis of Shed DNA Is a Search under the Fourth Amendment by Tracey Maclin, Boston Univeristy School of Law, 48 Texas Tech Law Review 287 (2015) (http://ssrn.com/abstract=2685766). Abstract:

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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

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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

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