LA: SW for DNA need only show that there is evidence to be tested, not probable cause that it will match

In order to obtain a search warrant for a DNA sample, the government does not need to conclusively demonstrate the existence of an unknown DNA sample: “it suffices that the state has established that its evidence, removed from defendant’s residence, contains recoverable biological samples that may, but not necessarily will, provide a DNA profile useful for forensic purposes” (a blood stain and a hair with follicular matter). Also, the taking of DNA by buccal swab is no longer considered intrusive. State v. Franklin, 11-1909 (La. December 16, 2011).

The search warrant was issued with probable cause and the place to be searched was described with sufficient particularity to reasonably find it to search it. State v. Turner, 82 So. 3d 449 (La. App. 2d Cir. 2011).*

The officer had reasonable suspicion for detention of defendant after his stop for driving a couple of miles 10-15 mph below the speed limit in the left lane of a highway. State v. Lee, 2011 La. App. LEXIS 1555 (La. App. 2d Cir. December 14, 2011)*:

The factors which Sgt. Parker identified, for his suspicion of possible drug courier activity were: the nervousness of Morris; the varying and incomplete accounts of the defendants’ trip to and from Texas; the varying accounts of Morris’s length of time in driving the vehicle; the multiple air fresheners in the vehicle; the ownership of the vehicle by a party who was not traveling with the defendants in the cross-country trip; and the prior criminal records of Morris and Smith involving illegal drugs. These facts allowed a permissible shift in the trooper’s focus and were adequate to create a reasonable suspicion of separate illegal drug activity.