N.Y.Co.: Warrant to seize DNA includes state’s ability to test

When a warrant is obtained to get evidence, here DNA, a separate warrant isn’t required to test it. People v. Belliard, 2020 NY Slip Op 20346, 2020 N.Y. Misc. LEXIS 10747 (N.Y. Co. Dec. 22, 2020).

“The totality of the circumstances outlined in the warrant point to a fair probability that the Defendant drove under the influence of alcohol. Corporal Duffy stated in her affidavit that when she arrived at the scene of this two-vehicle accident she observed a pickup that belonged to the Defendant. In and around that pick up were bottles of alcohol and beer. When questioned, Mr. Binkley admitted to drinking earlier in the day at around 3 p.m. This fact was confirmed by a passenger in Binkley’s car. Corporal Duffy observed that the Defendant’s eyes were glassy and that there was an odor of alcohol about the defendant.” State v. Binkley, 2020 Del. Super. LEXIS 3014 (Dec. 21, 2020).*

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