MA: There were objectively PC and exigency for a warrantless search of def’s hands for DNA from a homicide

There was objective probable cause for a warrantless search of defendant’s hands for potential DNA in a murder case because it was easily destructible. There was also sufficient probable cause for a search warrant for his apartment for further evidence of the homicide. Commonwealth v. Ferreira, 2019 Mass. LEXIS 171 (Mar. 18, 2019).

“Applying de novo review, we find that Torres-Navarro has failed to carry her burden to show an egregious Fourth Amendment violation. See id. at 649, 653. Her declaration does not deny the border patrol agent’s submission, reflected on the Form I-213, that the agent apprehended her within 25 minutes of her crossing the U.S.-Mexico border by rafting across the Rio Grande River. … Despite the agent’s failure to ascertain Torres-Navarro’s name, place of birth, or country of citizenship before arresting her, Torres-Navarro’s arrest was lawful under those circumstances—or, at a minimum, not an egregious violation of the Fourth Amendment.” Torres-Navarro v. Barr, 2019 U.S. App. LEXIS 7518 (9th Cir. Mar. 14, 2019).*

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