{"id":40623,"date":"2019-11-12T15:42:50","date_gmt":"2019-11-12T20:42:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40623"},"modified":"2019-11-12T15:46:30","modified_gmt":"2019-11-12T20:46:30","slug":"ne-defs-dna-taken-in-prison-for-a-felony-conviction-could-be-used-in-a-new-prosecution-and-def-counsel-wasnt-ineffective-for-not-challenging-it","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=40623","title":{"rendered":"NE: Def&#8217;s DNA taken in prison for a felony conviction could be used in a new prosecution, and def counsel wasn&#8217;t ineffective for not challenging it"},"content":{"rendered":"<p>Defendant was convicted of a sex crime and was required by statute to give a DNA sample thereafter. That DNA sample linked him to the current offense. His lawyer wasn\u2019t ineffective for not challenging its use in his case because it was reasonable and not a violation of the Fourth Amendment under Maryland v. King. <a href=\"https:\/\/www.nebraska.gov\/apps-courts-epub\/public\/viewAdvanced?docId=N00006889PUB\">State v. Weathers<\/a>, 304 Neb. 402 (Nov. 8, 2019).<\/p>\n<p>Defendant challenged only one of three stops that resulted in his conviction, and that one was waived by the guilty plea without a reservation of it being a conditional plea. The waiver by plea was knowing and voluntary. <a href=\"https:\/\/www.ca10.uscourts.gov\/opinions\/18\/18-7051.pdf\">United States v. Hall<\/a>, 2019 U.S. App. LEXIS 33673 (10th Cir. Nov. 12, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was convicted of a sex crime and was required by statute to give a DNA sample thereafter. That DNA sample linked him to the current offense. His lawyer wasn\u2019t ineffective for not challenging its use in his case because &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=40623\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[57],"tags":[],"class_list":["post-40623","post","type-post","status-publish","format-standard","hentry","category-dna"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40623","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=40623"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40623\/revisions"}],"predecessor-version":[{"id":40625,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40623\/revisions\/40625"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40623"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40623"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40623"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}