{"id":6628,"date":"2012-06-19T05:39:30","date_gmt":"2012-02-04T09:09:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-04T09:09:23","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6628","title":{"rendered":"IN: DNA taken by mistake not suppressed from CODIS"},"content":{"rendered":"<p>Indiana\u2019s DNA submission statute has a mistake exception, and defendant\u2019s DNA was taken in another case because he was charged with a felony but pled to a misdemeanor. Ten months later, his DNA was connected to a murder, and it was not excluded under the mistake exception. <a href=\"http:\/\/www.in.gov\/judiciary\/opinions\/pdf\/01311206tac.pdf\">Anderson v. State<\/a>, 2012 Ind. App. LEXIS 38 (January 31, 2012).*<\/p>\n<p>When defendant was approached by the police, he placed an object in his hand away from him, and the trial court found that it was abandoned. It was a magnetic key box which the officer had seen before as a place to hide drugs. <a href=\"http:\/\/www.la4th.org\/opinion\/2011\/296334_1.pdf\">State v. Lewis<\/a>, 85 So. 3d 150 (La. App. 4 Cir. 2012).*<\/p>\n<p>Defendant was stopped for a ticketable offense, and the fact the officer might have had an ulterior motive for the stop didn\u2019t matter. Additional questions during the stop did not require a Miranda warning. <a href=\"http:\/\/www.la3circuit.org\/NewPDF.aspx?DocumentID=Opinions\/2012\/02\/020112\/11-0794opi.pdf\">State v. Cortes<\/a>, 84 So. 3d 733 (La. App. 3 Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6628\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6628","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6628","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6628"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6628\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6628"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6628"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6628"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}