Category Archives: DNA

N.Mar.Isl.: DNA order in probate case complied with 4A

There was sufficient justification for the court to order a DNA test in a probate matter, and the order complied with the Fourth Amendment. In re Est. of Kapileo, 2024 N. Mar. I. LEXIS 4 (Superior Ct. June 18, 2024). … Continue reading

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MN: Warrantless DNA swabbing of apt door violated curtilage

The warrantless DNA swabbing of defendant’s apartment door was within the curtilage because it required physical contact, which is different than a dog sniff. “Although members of the public and law-enforcement officers generally have an implied license to approach a … Continue reading

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Popular Science: Law enforcement collected over 1.5 million people’s DNA since 2020

Popular Science: Law enforcement collected over 1.5 million people’s DNA since 2020 by Andrew Paul (‘The government’s DNA collection program represents a massive expansion of genetic surveillance.’).

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WI: Obtaining def’s DNA by ruse wasn’t an illegal search

The state got defendant to lick an envelope and hand it over as part of a ruse. His DNA matched to a cold case. That was not an unreasonable search. State v. Vannieuwenhoven, 2024 Wisc. App. LEXIS 349 (Apr. 30, … Continue reading

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WA: Failure to argue the state constitution to the trial court waived reliance on it on appeal

Failure to argue the state constitution to the trial court waived reliance on it on appeal. State v. Troutman, 2024 Wash. App. LEXIS 672 (Apr. 8, 2024). There was reasonable suspicion for lengthening this detention from the fact the LPN … Continue reading

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MI: Pants seized incident to arrest can be forensically tested without a SW

Defendant’s pants were seized incident to his arrest for murder because there was apparent blood on them. They were subject to being forensically tested without a separate warrant. Any reasonable expectation of privacy was lost with the seizure. People v. … Continue reading

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CA8: 5-day delay between seizure of a cell phone and the SW to get into it was reasonable

A five-day delay between seizure of a cell phone and the search warrant to get into it was reasonable. United States v. Thomas, 2024 U.S. App. LEXIS 8165 (8th Cir. Apr. 5, 2024). “Considering the factors outlined in Golinveaux, Schnitker’s … Continue reading

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E.D.N.Y.: Public employee labor union contract can consent to drug testing of members

“Despite Fourth Amendment implications, ‘a public employee union acting as the exclusive bargaining agent may consent to drug testing on behalf of the employees it represents.’” (quoting Bolden v. SEPTA, 953 F.2d 807, 828 (3d Cir. 1991). Dolginko v. Long … Continue reading

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W.D.Wash.: DNA warrant isssued with PC not quashed before execution

Because there is probable cause for defendant’s DNA warrant, the court declines to quash it before execution, let alone even discuss what the standard would be to do so. United States v. Campbell, 2024 U.S. Dist. LEXIS 53075 (W.D. Wash. … Continue reading

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S.D.Fla.: Emergency motion to quash SW denied; def can still file a motion to suppress

The target of a search filed an emergency motion to quash a search warrant for DNA to compare it to a firearm but without a showing there was DNA on the gun. The motion is denied, but the target can … Continue reading

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Daily Beast: The Creepy and Unconstitutional Government Database of Newborn Babies’ DNA

Daily Beast: The Creepy and Unconstitutional Government Database of Newborn Babies’ DNA by Daryl James & Brian Morris:

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D.Minn.: DNA on firearm was a reasonable inference justifying SW for def’s DNA

It was reasonable to infer that defendant’s DNA would be found on a firearm in a car, so the warrant to take his was reasonable. United States v. Tyus, 2023 U.S. Dist. LEXIS 234639 (D. Minn. Dec. 8, 2023), adopted, … Continue reading

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S.D.Cal.: A pending forfeiture action in another district justifies dismissal of Rule 41(g) motion because there is another remedy

This is a Rule 41(g) action for return of property, a superyacht owned by a Russian oligarch seized allegedly in violation of Russian sanctions. The next day, a forfeiture action was filed in the S.D.N.Y., and that provided an adequate … Continue reading

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E.D.Wis: Faced with motion to suppress DNA evidence, govt can seek it again

The government obtained DNA and defendant moved to suppress. Then the government sought DNA by warrant again with a new warrant. It is permitted to do so. United States v. Watson, 2023 U.S. Dist. LEXIS 185148 (E.D. Wis. Oct. 16, … Continue reading

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D.Haw.: 11-month delay in getting DNA warrant was reasonable

An eleven month delay in the government obtaining a DNA warrant was reasonable. “Under the totality of the circumstances, the Court concludes that, while the search warrant perhaps could have been sought earlier, the eleven-month period between arrest and the … Continue reading

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DE: When defense to rape is consent, 4A claim against DNA test doesn’t matter

Where the defense was consent, the alleged ineffective assistance of counsel in failing to move to suppress DNA results can’t be ineffectiveness. State v. Elder, 2023 Del. Super. LEXIS 770 (Sep. 13, 2023).* CBP officers used an “escort hold” on … Continue reading

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N.D.Ind.: No IAC where def pled but co-def prevailed on 4A claim

Defendant entered into a beneficial plea agreement and pled to a superseding information and was sentenced. Later, the passenger in his car filed a motion to suppress and prevailed. Still, this was not ineffective assistance of his counsel. “Aside from … Continue reading

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D.Md.: Instagram SW was valid by GFE despite weak PC, but it was excessively searched

“The Instagram Motion [to suppress] will be granted in part. Although the probable cause to search Rivers’ Instagram account was weak, the Leon good faith exception applies and the evidence will therefore not be suppressed on the basis of a … Continue reading

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GA: Refusal to consent to taking a DNA swab in a rape investigation is admissible at trial

Defendant’s refusal to consent to taking a DNA swab in a rape investigation is admissible at trial. Post-arrest cheek swabs do not violate the Fourth Amendment because they are accepted police booking and jailing procedures, similar to fingerprinting and photographing. … Continue reading

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KY: The conditions of parole factor into reasonableness of a parole search

Defendant did not properly preserve his state constitutional claim that warrantless parole searches should be more protective of a suspect’s rights than the Fourth Amendment. On the Fourth Amendment claim, the search complied with Samson and Knights. The conditions of … Continue reading

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