TX7: Def had no standing to challenge the seizure of an aborted fetus’s DNA

Defendant had no standing to challenge the seizure of an aborted fetus’s DNA that connected him to the pregnancy. Sharp v. State, 2020 Tex. App. LEXIS 9025 (Tex. App. – Amarillo Nov. 17, 2020).

Officers had an arrest warrant for defendant and reason to believe he was in a trailer he’d rented for three months when they came for him. His challenge to the merits of the search of a car doesn’t even address his lack of standing. Aside from that, the search was valid. United States v. Essex, 2020 U.S. Dist. LEXIS 214701 (E.D. Ky. Nov. 17, 2920).*

During defendant’s arrest for murder, a protective sweep was performed. The refrigerator was out from the wall far enough that someone could have hidden behind it. The officers moved it further to get a better look, and the freezer door came open and a duffel bag fell out. They could have opened the refrigerator, too. The protective sweep was reasonable. United States v. Blackmon, 2020 U.S. Dist. LEXIS 214712 (M.D. Ala. Nov. 17, 2020.*

This entry was posted in Arrest or entry on arrest, DNA, Protective sweep, Standing. Bookmark the permalink.

Comments are closed.