KS: Failure to specify DNA profile in John Doe arrest warrant was error

Failure to specifically identify a known DNA profile in a John Doe arrest warrant was sufficient to toll the statute of limitations in rape cases. State v. Belt, 285 Kan. 949, 179 P.3d 443 (2008):

Neither the United States Supreme Court nor this court has yet had occasion to address whether a description of DNA characteristics can fulfill a warrant particularity requirement. The parties thus direct us to cases from two of our sister jurisdictions. See People v. Robinson, 156 Cal. App. 4th 508, 67 Cal.Rptr. 3d 392 (2007), rev. granted 2008 Cal. LEXIS 1420, February 13, 2008, S158528; State v. Davis, 2005 WI App 98, 281 Wis. 2d 118, 698 N.W.2d 823 (2005); State v. Dabney, 2003 WI App 108, 264 Wis. 2d 843, 663 N.W.2d 366 (2003), rev. denied 266 Wis. 2d 63, 2003 WI 140, 671 N.W.2d 850 (2003).

These cases from California and Wisconsin support the proposition that a warrant identifying the person to be arrested for a sexual offense by description of the person’s unique DNA profile, or incorporating by reference an affidavit containing such a unique profile, can satisfy constitutional and statutory particularity requirements.