{"id":59108,"date":"2024-10-16T05:35:03","date_gmt":"2024-10-16T10:35:03","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59108"},"modified":"2024-10-16T11:59:08","modified_gmt":"2024-10-16T16:59:08","slug":"ca2-that-a-dna-sample-was-potentially-excludable-didnt-need-to-be-disclosed-in-sw-affidavit","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59108","title":{"rendered":"CA2: That a DNA sample was potentially excludable didn&#8217;t need to be disclosed in SW affidavit"},"content":{"rendered":"\n<p>There were two DNA samples here. The fact the second was potentially subject to suppression didn\u2019t need to be disclosed in the affidavit for more testing. <a href=\"https:\/\/ww3.ca2.uscourts.gov\/decisions\/isysquery\/79d88161-a262-45e9-8e79-22348df39dbd\/1\/doc\/22-3217_so.pdf#xml=https:\/\/ww3.ca2.uscourts.gov\/decisions\/isysquery\/79d88161-a262-45e9-8e79-22348df39dbd\/1\/hilite\/\">United States v. Green<\/a>, 2024 U.S. App. LEXIS 25836 (2d Cir. Oct. 15, 2024).<\/p>\n\n\n\n<p>Parole officers had detailed information that defendant was leaving his county and storing criminal evidence in another one. They confirmed his movements with his GPS and investigation. Their parole search revealed a key to a storage unit that they got a warrant for. This was all justified and reasonable. United States v. Copper, 2024 U.S. Dist. LEXIS 185865 (E.D. Pa. Oct. 11, 2024).*<\/p>\n\n\n\n<p>Defendant\u2019s post-conviction ineffective assistance of counsel claim that defense counsel didn\u2019t better exploit an alleged mistake as to dates and times isn\u2019t shown to be prejudicial to him at trial. Austin v. State, 2024 Tenn. Crim. App. LEXIS 448 (Oct. 11, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There were two DNA samples here. The fact the second was potentially subject to suppression didn\u2019t need to be disclosed in the affidavit for more testing. United States v. Green, 2024 U.S. App. LEXIS 25836 (2d Cir. Oct. 15, 2024). &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59108\">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":[21,23,58],"tags":[],"class_list":["post-59108","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-ineffective-assistance","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59108","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=59108"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59108\/revisions"}],"predecessor-version":[{"id":59113,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59108\/revisions\/59113"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59108"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59108"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59108"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}