{"id":7387,"date":"2012-07-04T10:30:15","date_gmt":"2012-07-04T10:30:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-04T10:30:03","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7387","title":{"rendered":"OH12: Consent to DNA in a current investigation doesn&#8217;t preclude use in a cold case"},"content":{"rendered":"<p>Defendant consented to the taking of his DNA in a sex investigation, and CODIS matched him to a robbery. The consent was voluntary. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/12\/2012\/2012-ohio-3047.pdf\">State v. Oberding<\/a>, 2012 Ohio 3047, 2012 Ohio App. LEXIS 2650 (12th Dist. July 2, 2012):<\/p>\n<blockquote><p>[*P17]  Based on the totality of the circumstances, Oberding gave his consent voluntarily, as his consent was not the result of duress or coercion. Oberding was told that his DNA sample would be tested and used by the crime laboratory, and the sample was in fact tested and used by the crime laboratory. The fact that Oberding&#8217;s sample matched that of the John Doe sample from the bakery robbery did not render his consent involuntary.<\/p>\n<p>. . .<\/p>\n<p>[*P20]  While other Ohio courts have not analyzed this issue at length, courts outside this state have determined that once a suspect&#8217;s DNA sample is obtained lawfully by police, that sample can be used for other purposes separate from an investigation of the crime for which the sample was first procured.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=7387\">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-7387","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7387","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=7387"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7387\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7387"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7387"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7387"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}