{"id":12998,"date":"2014-08-20T08:43:30","date_gmt":"2014-08-20T13:43:30","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12998"},"modified":"2014-08-20T08:43:30","modified_gmt":"2014-08-20T13:43:30","slug":"in-sw-not-needed-to-test-dna-lawfully-found-during-investigation","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12998","title":{"rendered":"IN: SW not needed to test DNA lawfully found during investigation"},"content":{"rendered":"<p>Defendant was arrested for a murder and DNA was found on his lawfully seized shoe linking him to the crime. A search warrant was not needed to test the DNA already lawfully seized. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/08131401mm.pdf\">Guilmette v. State<\/a>, 2014 Ind. LEXIS 650 (August 13, 2014).<\/p>\n<p>Defendant was stopped because a random LPN check showed the owner\u2019s DL was expired and the owner was driving. During the stop the driver was put in a patrol car, and this was unnecessary. Ultimately, the driver was subjected to FSTs and failed. The extent of the stop became unreasonable because it was for a possible expired tag and it escalated. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/08141401par.pdf\">Lucas v. State<\/a>, 2014 Ind. App. LEXIS 393 (August 14, 2014).*<\/p>\n<p>Reliance on a polygraph test as reasonable suspicion for a parole search of a convicted child pornographer\u2019s place was not unreasonable, just because the test was not admissible as evidence. United States v. Beyers, 2014 U.S. Dist. LEXIS 115224 (W.D. Mo. July 30, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was arrested for a murder and DNA was found on his lawfully seized shoe linking him to the crime. A search warrant was not needed to test the DNA already lawfully seized. Guilmette v. State, 2014 Ind. LEXIS 650 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12998\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[57,58,35],"tags":[],"class_list":["post-12998","post","type-post","status-publish","format-standard","hentry","category-dna","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12998","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12998"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12998\/revisions"}],"predecessor-version":[{"id":12999,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12998\/revisions\/12999"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12998"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12998"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12998"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}