MN: PC required to get order to produce DNA for comparison to evidence

A court order for defendant’s saliva for a touch DNA comparison required a showing of probable cause. State v. Steeprock, 2024 Minn. App. LEXIS 345 (July 29, 2024).

“[T]he record evidence demonstrates that three police officers ran from the police vehicle, immediately surrounded the minivan and the rear passenger door where defendant was seated, and blocked the defendant’s only reasonable means of egress from the parked vehicle he occupied. In addition to the three officers who surrounded defendant, this event involved a police raid van and two additional patrol vehicles that appear to have blockaded the road and several additional officers who had fanned out to pursue the individuals who were observed drinking alcohol on the public street. This was not a consensual encounter, and a reasonable person would not believe that they were free to leave or terminate the encounter once three officers in tactical body armor exited a raid van and quickly surrounded them while they sat in a parked vehicle.” People v. Hicks, 2024 Mich. LEXIS 1414 (July 26, 2024).*

Plaintiff’s Fourth Amendment private search claim fails. Rapp v. SSM Agnesian Health, 2024 U.S. App. LEXIS 18566 (7th Cir. July 25, 2024).*

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