LA2: Reasonable possibility respondent was father was enough to order DNA test in face of 4A objection

Respondent was the subject of a petition to establish paternity, and he claimed that the statute to order DNA testing required the Fourth Amendment be complied with. “Here, Rogers argues that in order to prove a reasonable possibility of paternity, the state must have some corroborating evidence beyond Thompson’s claim that he is the father. Thus, we are called to determine if a mother’s allegations of a sexual relationship, without some corroboration, can establish a reasonable possibility of paternity.” Here, respondent kept the relationship secret so the mother has a reasonable explanation for not having corroboration. They were together sexually for a long time, and that’s enough. State v. Rogers, 2017 La. App. LEXIS 1131 (La.App. 2 Cir. June 21, 2017).

Defendant was told he was not in custody when he was interrogated, and that led to consent. While he was not told of the right to refuse consent, he did understand he could end the interview at any time. The first three factors of consent favor it, and the last is neutral. On the totality, he consented. United States v. Atkins, 2017 U.S. Dist. LEXIS 94206 (N.D. Cal. June 19, 2017).*

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