Defendant\u2019s motion to suppress to prevent DNA testing of a sample taken from him to match to a firearm already seized is denied. All that\u2019s required in the Eighth Circuit is there be a connection alleged between the two. A warrant to seize DNA includes the ability to test it, and the warrant is not contested. United States v. Spight, 2013 U.S. Dist. LEXIS 182743 (D. Minn. December 19, 2013):<\/p>\n
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In both of the cases above, the court required a demonstrated connection between the DNA sample and the criminal activity. Roberts, Case No. 10-mj-458 (LIB), ECF No. 15 at 7; Robinson, Crim. No. 11-cr-325 (DWF\/LIB), ECF No. 32 at 5. The facts before this Court, however, differ from both Roberts and Robinson in important respects. First and foremost, Defendant does not contest the validity of the warrant that allowed the Government to obtain a sample of his DNA. (See Def.’s Mem. in Supp. at 2, ECF No. 34.) Rather, Defendant argues that the court-ordered warrant to seize Defendant’s DNA is insufficient to grant the Government authority to search his DNA. (Id.) In other words, Defendant argues that the Government cannot test his DNA without a new warrant.<\/p>\n
Under Eighth Circuit precedent, however, the testing of a suspect’s blood requires no justification beyond that necessary to obtain the sample. Dodd v. Jones, 623 F.3d 563, 569 (8th Cir. 2010). The acquisition and later analysis of a blood sample (and, by analogy, a saliva sample) are “‘a single event for Fourth Amendment purposes.'” Id. (quoting United States v. Snyder, 852 F.2d 471, 474 (9th Cir. 1988)). Thus, once the Government obtains sufficient grounds to draw an individual’s blood, “the subsequent testing of that blood had ‘no independent significance for fourth amendment purposes.'”<\/p>\n
Dodd, 623 F.3d at 569 (quoting Snyder, 852 F.2d at 474). In the instant case, the Government acquired a warrant (which is not being challenged) authorizing it to obtain a sample of Defendant’s DNA, and this authorization extends to the Government’s subsequent analysis of the sample.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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