The government moved for an order requiring defendant to submit to a buccal swab for DNA to include or exclude him from certain evidence in a homicide case. \u201cAccordingly, the Court finds that, although a buccal swab of the cheek is a search, pursuant to King, the Government’s interests outweigh Defendant’s reduced expectation of privacy and the intrusion of a buccal swab is minimal.\u201d United States v. Bravo, 2021 U.S. Dist. LEXIS 220162 (D.Ariz. Nov. 12, 2021).<\/p>\n\n\n\n
Accepting plaintiff\u2019s version that he only showed the butt of his gun according to his CCW training in a concealed carry state, he was not a danger. \u201cRedrick was in lawful possession of a firearm, which he kept at his side. But mere possession of a weapon without more is insufficient to justify deadly force. \u2026 And where it is feasible, non-lethal means must be utilized before resorting to deadly force. Garner, 471 U.S. at 11\u201312.\u201d Redrick v. City of Akron, Ohio<\/a>, 21-3027 (6th Cir. Nov. 15, 2021).*<\/p>\n\n\n\n Defense counsel wasn\u2019t ineffective for not challenging by a motion to suppress a search of his motel room after he should have left but didn\u2019t. \u201cThe postconviction court concluded that the time difference was \u2018fribbling\u2019 and found that even if a suppression motion had been granted, Sholar made \u2018no showing on how suppression \u2026 would have been reasonably probable to alter the result of the trial in any respect whatsoever.\u2019 Ultimately, we conclude that Sholar’s claim based on the suppression motion has been previously litigated and he is therefore barred from raising the claim again.\u201d The trial court was right, and, even if not, harmless error. State v. Sholar<\/a>, 2019AP1636 (Wis. App. Nov. 16, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":" The government moved for an order requiring defendant to submit to a buccal swab for DNA to include or exclude him from certain evidence in a homicide case. \u201cAccordingly, the Court finds that, although a buccal swab of the cheek … Continue reading