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).

The trial court ordered post-conviction DNA testing of a third party to the case. If this was a search of the other person’s DNA, it was with probable cause. Randolph v. Commonwealth, 2021 Mass. LEXIS 436 n.17 (July 15, 2021).

Just because a second search warrant was obtained for a cell phone search for analyzing the data, that doesn’t make the first warrant invalid. United States v. Childress, 2021 U.S. Dist. LEXIS 131565 (W.D. Va. July 14, 2021).

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