{"id":46966,"date":"2021-01-22T11:18:20","date_gmt":"2021-01-22T16:18:20","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46966"},"modified":"2021-01-22T11:18:20","modified_gmt":"2021-01-22T16:18:20","slug":"de-surveilling-def-by-following-him-looking-for-discarded-dna-wasnt-an-unreasonable-search-or-seizure","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=46966","title":{"rendered":"DE: &#8220;Surveilling&#8221; def by following him looking for discarded DNA wasn&#8217;t an unreasonable search or seizure"},"content":{"rendered":"\n<p>Defendant lived in Pennsylvania and was accused of unlawful sex in Delaware. A search warrant was obtained in Pennsylvania for his house, and there was probable cause for it and it was narrow and specific. His DNA had been obtained from following him in public and getting it from a discarded drink cup tossed in the trash at a Walmart. \u201cSurveilling\u201d him until he threw away something was not an unreasonable search under the state constitution or Fourth Amendment. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=315640\">State v. King<\/a>, 2021 Del. Super. LEXIS 48 (Jan. 21, 2021).<\/p>\n\n\n\n<p>The testimony of the officers on defendant\u2019s consent was clear, consistent, and credible. Defendant\u2019s wasn\u2019t. United States v. Wright, 2021 U.S. Dist. LEXIS 10994 (M.D. Pa. Jan. 21, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant lived in Pennsylvania and was accused of unlawful sex in Delaware. A search warrant was obtained in Pennsylvania for his house, and there was probable cause for it and it was narrow and specific. His DNA had been obtained &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=46966\">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":[24,73,69,53],"tags":[],"class_list":["post-46966","post","type-post","status-publish","format-standard","hentry","category-consent","category-search","category-seizure","category-state-constitution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46966","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=46966"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46966\/revisions"}],"predecessor-version":[{"id":46967,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46966\/revisions\/46967"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46966"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46966"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46966"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}