{"id":40444,"date":"2019-10-31T02:21:31","date_gmt":"2019-10-31T07:21:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40444"},"modified":"2019-10-31T09:54:03","modified_gmt":"2019-10-31T14:54:03","slug":"va-defs-refusal-to-submit-to-a-sw-for-dna-could-be-argued-as-consciousness-of-guilt-at-trial","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40444","title":{"rendered":"VA: Def&#8217;s refusal to submit to a SW for DNA could be argued as consciousness of guilt at trial"},"content":{"rendered":"<p>Defendant\u2019s conscious refusal to submit to a DNA buccal swab sought by a search warrant could be argued as consciousness of guilt. <a href=\"http:\/\/www.courts.state.va.us\/opinions\/opncavwp\/0621182.pdf\">Haas v. Commonwealth<\/a>, 2019 Va. App. LEXIS 237 (Oct. 29. 2019).<\/p>\n<p>The officer\u2019s knowledge from nearly six months to as little as a month before the stop that defendant\u2019s driver\u2019s license was suspended was justification for the stop. United States v. Spence, 2019 U.S. Dist. LEXIS 18633 (W.D. Okla Oct. 28, 2019).*<\/p>\n<p>During defendant\u2019s stop, the officer concluded that defendant likely was under the influence of drugs. \u201cTrooper Walker&#8217;s testimony provided specific facts as to why he reasonably suspected\u2014almost immediately\u2014that Defendant had committed a drug-related crime.\u201d  In addition to the driver\u2019s license check, he also ran defendant through a prescription database that revealed no prescriptions in case that was the reason. That justified extending the stop. United States v. Fields, 2019 U.S. Dist. LEXIS 186298 (E.D. Ky. Oct. 2, 2019).* <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s conscious refusal to submit to a DNA buccal swab sought by a search warrant could be argued as consciousness of guilt. Haas v. Commonwealth, 2019 Va. App. LEXIS 237 (Oct. 29. 2019). The officer\u2019s knowledge from nearly six months &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40444\">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":[35,16],"tags":[],"class_list":["post-40444","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40444","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=40444"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40444\/revisions"}],"predecessor-version":[{"id":40452,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40444\/revisions\/40452"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40444"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40444"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40444"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}