DE: “Surveilling” def by following him looking for discarded DNA wasn’t an unreasonable search or seizure

Defendant lived in Pennsylvania and was accused of unlawful sex in Delaware. A search warrant was obtained in Pennsylvania for his house, and there was probable cause for it and it was narrow and specific. His DNA had been obtained from following him in public and getting it from a discarded drink cup tossed in the trash at a Walmart. “Surveilling” him until he threw away something was not an unreasonable search under the state constitution or Fourth Amendment. State v. King, 2021 Del. Super. LEXIS 48 (Jan. 21, 2021).

The testimony of the officers on defendant’s consent was clear, consistent, and credible. Defendant’s wasn’t. United States v. Wright, 2021 U.S. Dist. LEXIS 10994 (M.D. Pa. Jan. 21, 2021).*

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