NH: Warrantless DNA testing of blood obtained from hospital if error was harmless

Defendant was driving in a car crash that critically injured him and his passenger. He came to the ER, and the hospital drew five vials of blood for diagnostic testing for his condition. At the hearing all that it would show for basic treatment was discussed. The police sought a vial for testing. The blood draw was not state action. The state sought a search warrant for a DNA test to prove that hair in the driver’s side windshield was defendant’s to prove he was driving, and a judge wouldn’t sign it because the state already had the blood and could test it. It was harmless error at best based on the rest of the evidence. State v. Bazinet, 2018 N.H. LEXIS 23 (Apr. 10, 2018).*

A former county jail inmate sued alleging that his First Amendment rights were violated by a search warrant for all his jail email. After his claim was dismissed on SOL grounds, he appealed and added a Fourth Amendment claim. It fails from not being pled below [aside from the fact it was frivolous, something not decided]. Peterson v. Ostrander, 2018 U.S. App. LEXIS 8902 (6th Cir. Apr. 6, 2018).*

Defendant plead guilty without reserving any issue for a conditional plea, so it’s waived. State v. Bookheimer, 2018 W. Va. LEXIS 248 (Apr. 9, 2018) (memorandum).*

This entry was posted in DNA, Prison and jail searches. Bookmark the permalink.

Comments are closed.