Latent fingerprints and DNA swabs are properly subject to seizure under a search warrant. United States v. Jimenez, 2013 U.S. Dist. LEXIS 136371 (D. Kan. September 24, 2013):<\/p>\n
<\/p>\n
Jimenez argues that the seizure of latent prints, a computer, a BB gun, and DNA swabs was beyond the scope of the search warrants, so these items must be suppressed. “The Fourth Amendment requires search warrants to ‘particularly describe the place to be searched, and the persons or things to be seized…'” United States v. Katoa, 379 F.3d 1203, 1207 (10th Cir. 2006) (quoting the Fourth Amendment). “The particularity requirement ensures that a search is confined in scope to particularly described evidence relating to a specific crime for which there is demonstrated probable cause.” United States v. Leahy, 47 F.3d 396, 397 (10th Cir. 1995). “When a logical nexus exists between seized but unnamed items and those items listed in the warrant, the unnamed items are admissible.” United States v. Gentry, 642 F.2d 385, 387 (10th Cir. 1981).<\/p>\n
The court holds that the latent prints and DNA swabs taken from the car inside the detached garage were properly seized. The first warrant authorized the seizure of “indicia of occupancy, residency, rental and\/or ownership of the premises described herein, including, but not limited to, utility and telephone bills canceled envelopes, rental purchase or lease agreements, and keys.” The warrant identified the residence and its detached garage as the places to be searched. The car from which the DNA and prints were extracted was parked in the detached garage. The DNA and latent prints were the best available indicia of occupancy of the vehicle. For these reasons, this evidence was within the scope of the search warrant and is, therefore, admissible at trial.<\/p>\n
The court grants Jimenez’s motion to suppress the BB gun seized by the government. [It\u2019s not a firearm.] The court suppresses the BB gun because its seizure was beyond the scope of the search warrant.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading