{"id":64692,"date":"2026-08-21T07:53:28","date_gmt":"2026-08-21T12:53:28","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64692"},"modified":"2026-08-21T07:53:28","modified_gmt":"2026-08-21T12:53:28","slug":"co-dna-could-be-seized-from-trash","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64692","title":{"rendered":"CO: DNA could be seized from trash"},"content":{"rendered":"\n<p>Collecting defendant\u2019s DNA from his trash out for collection didn\u2019t violate the Fourth Amendment or the Colorado Constitution. People v. Anderson, 2026 COA 64 (Aug. 20, 2026) (2-1 on the state issue; a warrant should be required).<\/p>\n\n\n\n<p>Plaintiff\u2019s claim that his arrest lacked probable cause is viewed as an effort to undermine his conviction in violation of Heck v. Humphrey, and the claim is dismissed. Tam Ho v. Arnold, 2026 U.S. Dist. LEXIS 184441 (W.D. Ark. Aug. 18, 2026).*<\/p>\n\n\n\n<p>Defendant was stopped because he was reasonably suspected of having a murder warrant for him. The handcuffing and detention of four minutes before he was released was reasonable. McCrea v. McGill, 2026 U.S. Dist. LEXIS 183665 (D.S.C. Aug. 14, 2026).*<\/p>\n\n\n\n<p>The officer here didn\u2019t extend the stop for the dog sniff. Defendant slowed it himself a bit, and the dog was already there. And there was reasonable suspicion, too. United States v. Brown, 2026 U.S. App. LEXIS 24779 (5th Cir. Aug. 17, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Collecting defendant\u2019s DNA from his trash out for collection didn\u2019t violate the Fourth Amendment or the Colorado Constitution. People v. Anderson, 2026 COA 64 (Aug. 20, 2026) (2-1 on the state issue; a warrant should be required). Plaintiff\u2019s claim that &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64692\">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":[48,57,27,20,35],"tags":[],"class_list":["post-64692","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-dna","category-dog-sniff","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64692","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=64692"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64692\/revisions"}],"predecessor-version":[{"id":64693,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64692\/revisions\/64693"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64692"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64692"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64692"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}