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 did not violate defendant’s Fourth Amendment rights because he provided no authority for the proposition that the legality of an officer’s questioning differs whether it was done while the traffic offender was outside the patrol car or in it, and this court could find none. He was free to respond to the questions, or not, and he makes no argument that he felt coerced into answering the questions. United States v. Ambriz-Villa, 2022 U.S. App. LEXIS 6495 (7th Cir. Mar. 14, 2022). (So a qualified immunity analysis applies to Fourth Amendment claims in criminal cases?)

Defendant’s guilty plea waived his search claim. People v. Correra-Robles, 2022 NY Slip Op 01742, 2022 N.Y. App. Div. LEXIS 1579 (1st Dept. Mar. 15, 2022).*

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