The first DNA sample taken from defendant violated the Fourth Amendment. The state, however, got a do over and it used untainted information to get a second which was valid based on independent source. State v. Camey, 2019 N.J. LEXIS 1038 (Aug. 1, 2019).
The officer’s stop of defendant wasn’t a mere hunch because there was at least some factual basis. United States v. Miralda, 2019 U.S. Dist. LEXIS 128131 (S.D. Iowa July 10, 2019).*