A suspect from whom body samples (like DNA) are being taken is entitled by due process to participate in the search warrant issuance process. Here, he wasn’t. Reversed. People v. Goldman, 2019 NY Slip Op 02976, 2019 N.Y. App. Div. LEXIS 3010 (1st Dept. Apr. 23, 2019).
“Kight’s only contention regarding the lack of probable cause for the search warrant for his residence is that the affidavit failed to allege facts showing ‘probable cause that contraband would be located at the house.’ His argument is without merit because the affidavit provided sufficient facts to establish a nexus between the crimes under investigation and the residence.”
United States v. Kight, 2019 U.S. Dist. LEXIS 68619 (N.D. Ga. Mar. 11, 2019), adopted, 2019 U.S. Dist. LEXIS 68432 (N.D. Ga. Apr. 23, 2019).*