Defendant contended that a 2000 blood sample that ended up in CODIS that connected him in a cold case hit was unreasonably obtained. However, he also had three other samples in the system that were not because of his convictions for other crimes. Therefore, the first DNA sample is attenuated from the last, and the cold case hit is valid. “There is no evidence in the record before us of purposeful misconduct on the part of law enforcement,” and the exclusionary rule would not be applied. Commonwealth v. Lunden, 2015 Mass. App. LEXIS 105 (August 10, 2015).
The officer here responded to a man with a gun call, and he saw defendant on the street matching the description in the radio call. The officer stopped the car without lights and got out to talk to the defendant. This was not a stop. Defendant consented to a patdown, and he had a gun. United States v. Dolberry, 2015 U.S. Dist. LEXIS 105073 (D.D.C. August 11, 2015).*
Defendant was stopped for a traffic offense, and he was driving on a revoked license. The officer didn’t arrest him and let him go. A little later, he saw the defendant again committing another traffic offense, and this time he arrested him. That was justification for the stop and arrest. Defendant’s claim that the officer was harassing him doesn’t hold up because, if so, the officer would have arrested him the first time and not let him go to offend again. United States v. Braswell, 2015 U.S. Dist. LEXIS 105301 (E.D.Tenn. May 22, 2015).*