California holds that DNA may be taken from a juvenile adjudicated of a felony

A juvenile adjudicated of a felony in juvenile court may have DNA taken from him. In re Calvin S., 150 Cal. App. 4th 443, 58 Cal. Rptr. 3d 559 (3d Dist. 2007).

Insurance company’s investigator was not acting as an agent of the state when he entered and reentered insured’s property investigating a fire. The trial court erred in holding that he was. People v. Pilkington, 156 P.3d 477 (Colo. 2007):

We agree with the Tenth Circuit’s observation that there are “two important inquiries” that aid in determining whether an individual is acting as an agent of the government: (1) whether the government “encourage[d], initiate[d], or instigate[d] the private action,” and (2) whether “the party performing the search intended to assist law enforcement efforts or to further his own ends.” United States v. Smythe, 84 F.3d 1240, 1242-43 (10th Cir. 1996) (citing Pleasant v. Lovell, 876 F.2d 787 (10th Cir. 1989)). On previous occasions this court has paid special attention to these factors when considering whether private actors are agents of the government.

A Kansas State Trooper had reasonable suspicion to pull over the defendant for weaving onto the shoulder. Once stopped, the officer developed probable cause to believe that the car was stolen, and that justified defendant’s arrest. United States v. Brown, 234 Fed. Appx. 838 (10th Cir. 2007)* (unpublished).

Defendant was arrested in a national park and tried for assault before a U.S. Magistrate Judge. Instead of moving to suppress evidence, he moved to dismiss, and that did not provide a remedy. An illegal arrest does not void a subsequent conviction. United States v. Vasquez, 2007 U.S. Dist. LEXIS 31278 (E.D. Cal. April 10, 2007).*

Defendant consented to a search of his person, and finding a “large amount of cash” [$525] and suspected contraband on him gave probable cause to search his car. State v. Hawkins, 2007 Ohio 2080, 2007 Ohio App. LEXIS 1941 (5th Dist. April 23, 2007).*