Daily Archives: March 27, 2022

MD: Def’s DNA from a prior dismissed case admissible here

Defendant’s DNA was obtained in a 2014 case that was dismissed. The DNA from that was used to connect him to this case. The prior DNA results are not excludable just because the case went away. Hayes v. State, 2022 … Continue reading

Posted in Cell site location information, DNA, Dog sniff, Good faith exception, Seizure | Comments Off on MD: Def’s DNA from a prior dismissed case admissible here

S.D.N.Y.: Video of def and cell phone at scene of crime is PC for phone

Defendant with his cell phone in hand was at the scene of a shooting as shown by surveillance video. That’s probable cause for the phone. United States v. King, 2022 U.S. Dist. LEXIS 53647 (S.D.N.Y. Mar. 24, 2022). When the … Continue reading

Posted in Burden of pleading, Cell phones, Issue preclusion | Comments Off on S.D.N.Y.: Video of def and cell phone at scene of crime is PC for phone