{"id":18419,"date":"2015-08-12T08:20:12","date_gmt":"2015-08-12T13:20:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18419"},"modified":"2015-08-12T08:20:12","modified_gmt":"2015-08-12T13:20:12","slug":"ma-def-was-in-codis-four-times-first-might-be-illegal-but-rest-were-attenuated","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18419","title":{"rendered":"MA: Def was in CODIS four times; first might be illegal but rest were attenuated"},"content":{"rendered":"

Defendant contended that a 2000 blood sample that ended up in CODIS that connected him in a cold case hit was unreasonably obtained. However, he also had three other samples in the system that were not because of his convictions for other crimes. Therefore, the first DNA sample is attenuated from the last, and the cold case hit is valid. \u201cThere is no evidence in the record before us of purposeful misconduct on the part of law enforcement,\u201d and the exclusionary rule would not be applied. Commonwealth v. Lunden<\/a>, 2015 Mass. App. LEXIS 105 (August 10, 2015).<\/p>\n

The officer here responded to a man with a gun call, and he saw defendant on the street matching the description in the radio call. The officer stopped the car without lights and got out to talk to the defendant. This was not a stop. Defendant consented to a patdown, and he had a gun. United States v. Dolberry, 2015 U.S. Dist. LEXIS 105073 (D.D.C. August 11, 2015).*<\/p>\n

Defendant was stopped for a traffic offense, and he was driving on a revoked license. The officer didn\u2019t arrest him and let him go. A little later, he saw the defendant again committing another traffic offense, and this time he arrested him. That was justification for the stop and arrest. Defendant\u2019s claim that the officer was harassing him doesn\u2019t hold up because, if so, the officer would have arrested him the first time and not let him go to offend again. United States v. Braswell, 2015 U.S. Dist. LEXIS 105301 (E.D.Tenn. May 22, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant contended that a 2000 blood sample that ended up in CODIS that connected him in a cold case hit was unreasonably obtained. However, he also had three other samples in the system that were not because of his convictions … Continue reading →<\/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":[75,24,57,14,88,69],"tags":[],"class_list":["post-18419","post","type-post","status-publish","format-standard","hentry","category-attenuation","category-consent","category-dna","category-exclusionary-rule","category-racial-profiling","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18419","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=18419"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18419\/revisions"}],"predecessor-version":[{"id":18420,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18419\/revisions\/18420"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18419"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18419"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18419"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}