{"id":62524,"date":"2025-12-20T16:19:55","date_gmt":"2025-12-20T21:19:55","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62524"},"modified":"2025-12-20T16:19:55","modified_gmt":"2025-12-20T21:19:55","slug":"tn-2009-dna-seizure-that-should-have-been-purged-and-wasnt-could-be-relied-on-in-gf-and-then-another-order-issued","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=62524","title":{"rendered":"TN: 2009 DNA seizure that should have been purged and wasn&#8217;t could be relied on in GF and then another order issued"},"content":{"rendered":"\n<p>Defendant\u2019s DNA was seized in 2009 and should have been purged, but it wasn\u2019t. He\u2019s later charged with another crime. A confirmatory test was run. The good faith exception applies to the DNA that wasn\u2019t purged like it was supposed to be. [Doesn\u2019t confirmation moot that?] State v. Miray, 2025 Tenn. Crim. App. LEXIS 620 (Dec. 18, 2025).<\/p>\n\n\n\n<p>Plaintiff fled a traffic stop after initially pulling over. That was probable cause for arrest. Parham v. Robles, 2025 U.S. App. LEXIS 33043 (9th Cir. Dec. 18, 2025).*<\/p>\n\n\n\n<p>Plaintiff\u2019s FAC survives a motion to dismiss: \u201cThe FAC alleges that Henry and Schwering \u2018violently\u2019 detained decedent and applied a vascular neck restraint while decedent was in a prone position, and Bjornstad used body weight force on decedent. The FAC also alleges that Mr. Jaramillo \u2018vomited profusely and appeared to have a seizure\u2019 and lost consciousness, and that Defendants&#8217; use of force caused Mr. Jaramillo&#8217;s death.\u201d Est. of Jaramillo v. City of Spokane, 2025 U.S. App. LEXIS 33044 (9th Cir. Dec. 18, 2025).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s DNA was seized in 2009 and should have been purged, but it wasn\u2019t. He\u2019s later charged with another crime. A confirmatory test was run. The good faith exception applies to the DNA that wasn\u2019t purged like it was supposed &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=62524\">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":[57,52,11,20],"tags":[],"class_list":["post-62524","post","type-post","status-publish","format-standard","hentry","category-dna","category-excessive-force","category-good-faith-exception","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62524","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=62524"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62524\/revisions"}],"predecessor-version":[{"id":62525,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62524\/revisions\/62525"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62524"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62524"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62524"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}