{"id":60247,"date":"2025-02-25T19:51:29","date_gmt":"2025-02-26T00:51:29","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60247"},"modified":"2025-02-25T19:51:43","modified_gmt":"2025-02-26T00:51:43","slug":"ca11-refusal-to-cooperate-in-taking-dna-by-warrant-permitted-adverse-inference-at-trial","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60247","title":{"rendered":"CA11: Refusal to cooperate in taking DNA by SW permitted adverse inference at trial"},"content":{"rendered":"\n<p>\u201cThe record here demonstrates that the district court did not plainly err by allowing the jury to draw an adverse inference of guilt from Gonzalez&#8217;s refusal to provide his DNA even though his counsel was not present. When the government requested Gonzalez&#8217;s DNA sample, it was not a critical stage in the criminal prosecution, and Gonzalez did not have a right to counsel.\u201d <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/202311749.pdf\">United States v. Gonzalez<\/a>, 2025 U.S. App. LEXIS 3986 (11th Cir. Feb. 21, 2025).<\/p>\n\n\n\n<p>This inventory was reasonable. The officer abruptly changed his mind about the inventory, but it was because he realized that the car couldn\u2019t be driven away. Holifield v. State, 2025 Fla. App. LEXIS 1424 (Fla. 5th DCA Feb. 21, 2025).*<\/p>\n\n\n\n<p>\u201cDuring the [blood] draw, the defendant stated, \u2018of all the times I&#8217;ve driven drunk, this is the time that I&#8217;m caught.\u2019\u201d State v. Martin, 2025 Tenn. Crim. App. LEXIS 97 (Feb. 21, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe record here demonstrates that the district court did not plainly err by allowing the jury to draw an adverse inference of guilt from Gonzalez&#8217;s refusal to provide his DNA even though his counsel was not present. When the government &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=60247\">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":[124,57,39],"tags":[],"class_list":["post-60247","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-dna","category-inventory"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60247","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=60247"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60247\/revisions"}],"predecessor-version":[{"id":60249,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60247\/revisions\/60249"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60247"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60247"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60247"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}