N.Mar.Isl.: DNA order in probate case complied with 4A

There was sufficient justification for the court to order a DNA test in a probate matter, and the order complied with the Fourth Amendment. In re Est. of Kapileo, 2024 N. Mar. I. LEXIS 4 (Superior Ct. June 18, 2024).

“We find that the officers were justified in subjecting Zaller to a protective search for weapons based on his agitated and erratic behavior. Zaller repeatedly refused to comply with the officers’ demands, was argumentative, and was evasive in his conduct. Circumstances such as these have been found sufficient to justify a protective search.” State v. Zaller, 2024-Ohio-2323 (11th Dist. June 17, 2024).*

“The People argue that the district court erred by suppressing the evidence discovered in Johnson’s car based on the court’s conclusion that the officers unlawfully extended the investigatory stop after they arrested Johnson. They contend that Deputy Bacigalupo’s discovery of the pipe supplied the officers with probable cause to arrest Johnson for possession of drug paraphernalia, obviating any requirement for additional reasonable suspicion to extend the stop. We agree.” People v. Johnson, 2024 CO 47 (June 17, 2024).*

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