Category Archives: DNA

DC: Tracking def off his WMATA fair card was like Knotts and reasonable

Police use of information off of defendant’s WMATA fare card first to find him to arrest him for a robbery on a train and then to place him on a train at the time of the robbery was reasonable. This … Continue reading

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Wired: Police Used a Baby’s DNA to Investigate Its Father for a Crime

Wired: Police Used a Baby’s DNA to Investigate Its Father for a Crime (“The blood is supposed to be used for medical purposes—these screenings identify babies with serious health issues, and they have been highly successful at reducing death and … Continue reading

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CT: John Doe DNA arrest warrant based on touch DNA is too general to satisfy the particularity requirement

A John Doe DNA arrest warrant based on touch DNA is too general to satisfy the particularity requirement. State v. Terrance Police, 2022 Conn. LEXIS 123 (May 10, 2022):

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MD: Def’s DNA from a prior dismissed case admissible here

Defendant’s DNA was obtained in a 2014 case that was dismissed. The DNA from that was used to connect him to this case. The prior DNA results are not excludable just because the case went away. Hayes v. State, 2022 … Continue reading

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NY Oneida: Order for DNA sample doesn’t require a pending criminal case

A DNA sample can be sought by court order before a criminal case is filed. People v. Forte, 2022 NY Slip Op 22066, 2022 N.Y. Misc. LEXIS 873 (Oneida Co. Mar. 9, 2022). The scope and manner of the stop … Continue reading

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Bloomberg Law: Police Search of Rape Victims’ DNA Tests Meaning of Consent

Bloomberg Law: Police Search of Rape Victims’ DNA Tests Meaning of Consent by Lydia Wheeler:

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NPR: San Francisco DA drops charges against woman linked to crime through rape victim DNA

NPR: San Francisco DA drops charges against woman linked to crime through rape victim DNA by Vanessa Romo (The DA found it a Fourth Amendment violation).

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CO: Prosecutor’s closing argument that def refused consent to searching for DNA sample was reversible error

Prosecutor’s argument defendant refused to consent to taking his DNA in a sex crime prosecution violated the Fourth Amendment and was error here. People v. Buckner, 2022 COA 14, 2022 Colo. App. LEXIS 163 (Feb. 3, 2022). The bodycam video … Continue reading

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CA7: Record supported finding that stop was not unreasonably extended

Whether a traffic stop was unreasonably extended for a drug dog to arrive is reviewed for clear error. The stop here was for overtinting, and the officer processed a warning by entering the information into the patrol car’s computer. He … Continue reading

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D.Ariz.: Court could order DNA test after charging

The government moved for an order requiring defendant to submit to a buccal swab for DNA to include or exclude him from certain evidence in a homicide case. “Accordingly, the Court finds that, although a buccal swab of the cheek … Continue reading

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UT: DNA SW can be executed by force; def has burden of showing unreasonable force was used to execute a DNA warrant on his person

A search warrant was issued for defendant’s DNA, and he resisted efforts to take it by buccal swab. He doesn’t challenge the probable cause, only the method of execution. He carries the burden of proof on the question of unreasonableness … Continue reading

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W.D.N.Y.: That DNA should have been expunged and wasn’t doesn’t mandate suppression under 4A

DNA that should have been expunged and wasn’t isn’t subject to suppression under the Fourth Amendment. United States v. Green, 2021 U.S. Dist. LEXIS 212916 (W.D.N.Y. Sept. 29, 2021):

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PA: Def driving from Delaware to Philly for cheesesteaks when he was broke added to RS

Driving from Delaware to Philadelphia to get cheesesteaks while the driver professing he can’t afford a speeding ticket with a few other “dubious” comments leads to reasonable suspicion to continue the stop. The trial court erred in suppressing. Commonwealth v. … Continue reading

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ID: Officer taking DL and handing it to another officer to check was a seizure requiring RS; anonymous CI was not corroborated

Reasonable suspicion was required when the officer retained defendant’s driver’s license by taking it, leaving her presence, and giving it to another officer to run a license check. Defendant was thus detained because a reasonable person in her position would … Continue reading

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CA10: High speed chase justifies search under automobile exception

A high speed chase justifies an automobile exception search of the car when it’s finally stopped. Here there was a dog alert before. United States v. Chavez, 2021 U.S. App. LEXIS 29287 (10th Cir. Sept. 28, 2021). The rules of … Continue reading

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OH2: Old arrest for weapons charge made patdown after jaywalking stop in high crime area reasonable

Jaywalking stop in a high crime drug area led to officers finding about years’ old prior arrest for weapons. It was not unreasonable to pat defendant down. There admittedly was no other suggestion of criminality. State v. Allen, 2021-Ohio-3047 (2d … Continue reading

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OH3: No REP in discarded cigarette butt connecting def to cold case

Defendant waived any reasonable expectation of privacy in a cigarette butt he through away where the police found his DNA. It was used to solve a cold case of rape and attempted murder from 1993. State v. Bortree, 2021-Ohio-2873, 2021 … Continue reading

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Cal.3d: DNA obtained from def’s arrest in another unprosecuted case could be used to link him to a prior murder

Defendant’s DNA obtained from an arrest with probable cause but where he wasn’t formally charged could be used to link him to a prior murder, relying on Maryland v. King. People v. Roberts, 2021 Cal. App. LEXIS 692 (3d Dist. … Continue reading

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S.D.Fla.: PC for constructive possession shown; def doesn’t have to handle firearm in video

There was probable cause for defendant’s constructive possession of a firearm. The government didn’t have to show he was in actual possession for probable cause. He also presumably knew he had a prior conviction to support his being a felon … Continue reading

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CT: Statutorily required HIV testing in sex case without showing of need violated state constitution

Compulsory HIV testing of a person accused in a sex crime violates the state constitution’s privacy and search and seizure provision. There is a lack of medical justification for it. State v. Bemer, 2021 Conn. LEXIS 205 (July 14, 2021). … Continue reading

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