PA: Once SW issues for clothes and DNA removed, no further warrant needed for DNA testing

DNA lawfully seized from defendant’s clothes did not require a separate warrant to test it. Defendant doesn’t have a reasonable expectation of privacy in his victim’s DNA on him. Once DNA is lawfully taken, there is no longer any reasonable expectation of privacy in them from further testing. Commonwealth v. Smith, 2017 PA Super 170, 2017 Pa. Super. LEXIS 391 (May 31, 2017).

“In sum, because Hynes refused to submit to the chemical testing requested by the arresting officer pursuant to OCGA § 40-5-55, he was not entitled to an independent test, and the trial court properly denied his motion to suppress the results of the blood test performed pursuant to a search warrant.” Hynes v. State, 2017 Ga. App. LEXIS 229 (May 31, 2017).*

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