{"id":58080,"date":"2024-06-14T14:02:22","date_gmt":"2024-06-14T19:02:22","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58080"},"modified":"2024-06-14T15:34:03","modified_gmt":"2024-06-14T20:34:03","slug":"mn-warrantless-dna-swabbing-of-apt-door-violated-curtilage","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58080","title":{"rendered":"MN: Warrantless DNA swabbing of apt door violated curtilage"},"content":{"rendered":"\n<p>The warrantless DNA swabbing of defendant\u2019s apartment door was within the curtilage because it required physical contact, which is different than a dog sniff. \u201cAlthough members of the public and law-enforcement officers generally have an implied license to approach a home physically knock on the front door, and wait briefly to be received [under Jardines], they have no implied license to remove material from the door handle and lock for laboratory testing.\u201d <a href=\"https:\/\/mn.gov\/law-library-stat\/archive\/ctappub\/2024\/OPa231037-061024.pdf\">State v. McNeal<\/a>, 2024 Minn. App. LEXIS 264 (June 10, 2024).<\/p>\n\n\n\n<p>Comparing the probable cause finding here with that of other somewhat similar cases, the court concludes that there was at least a substantial basis for finding probable cause. Therefore, the motion to suppress is denied. United States v. Garrett, 2024 U.S. Dist. LEXIS 101474 (E.D. Pa. June 7, 2024).*<\/p>\n\n\n\n<p>2254 petitioner never really responded to the R&amp;R finding that he couldn\u2019t raise a Fourth Amendment claim on habeas. On the merits, he can\u2019t prevail. Majalca v. Thornell, 2024 U.S. Dist. LEXIS 101522 (D. Ariz. June 7, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The warrantless DNA swabbing of defendant\u2019s apartment door was within the curtilage because it required physical contact, which is different than a dog sniff. \u201cAlthough members of the public and law-enforcement officers generally have an implied license to approach a &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58080\">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":[19,57,126,20],"tags":[],"class_list":["post-58080","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-dna","category-issue-preclusion","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58080","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=58080"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58080\/revisions"}],"predecessor-version":[{"id":58087,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58080\/revisions\/58087"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58080"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58080"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58080"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}