{"id":6425,"date":"2012-05-01T10:04:55","date_gmt":"2011-12-17T11:48:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-17T11:48:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6425","title":{"rendered":"LA: SW for DNA need only show that there is evidence to be tested, not probable cause that it will match"},"content":{"rendered":"

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: \u201cit suffices that the state has established that its evidence, removed from defendant\u2019s residence, contains recoverable biological samples that may, but not necessarily will, provide a DNA profile useful for forensic purposes\u201d (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<\/a>, 11-1909 (La. December 16, 2011). <\/p>\n

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<\/a>, 82 So. 3d 449 (La. App. 2d Cir. 2011).*<\/p>\n

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<\/a>, 2011 La. App. LEXIS 1555 (La. App. 2d Cir. December 14, 2011)*:<\/p>\n

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.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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