MD: No expectation of privacy in residual DNA left in a chair defendant once sat in

Defendant was sitting in a chair in a police barracks, and the police were able to find residual DNA from the chair that matched him. To be sure they had the right DNA, they used that to get a search warrant for a DNA swab which matched defendant to a rape. He had no reasonable expectation of privacy in the cast-off DNA left on a chair he was once sitting in. Raynor v. State, 201 Md. App. 209, 29 A.3d 617 (2011). (Noted by Orin Kerr on Volokh Conspiracy.)

Defendant was stopped for a tinted windows violation and the smell of marijuana was coming from the car. A drug dog was called for, and the defendant fled on foot. A search of the car revealed two pounds under the hood. Since Pennsylvania has not adopted the full federal automobile exception, the search of the car was invalid because true exigency did not exist. Commonwealth v. Gary, 2011 PA Super 206, 29 A.3d 804 (2011)*:

Appellant was in police custody prior to the search. At that point, Appellant had admitted to possessing marijuana and had once escaped from custody. Unlike in Copeland, the circumstances in this case did not evidence an imperative need for prompt police action; neither the lack of advance warning of criminal activity nor any other factor of record resulted in a threat of danger or dissipation of evidence. Thus, where no exigent circumstances were present, the warrantless search was unlawful and the evidence obtained from that search should have been suppressed. Accordingly, we reverse the order denying Appellant’s petition for writ of certiorari and remand for a trial at which the evidence obtained as a result of the search may not be admitted.