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D.Minn.: PC and nexus shown for a DNA search warrant of defendant's person

By John Wesley Hall, Jr.

A search warrant for defendant’s DNA has shown probable cause and nexus. United States v. Abari, 2009 U.S. Dist. LEXIS 114120 (D. Minn. November 19, 2009).* "'A warrant affidavit [need not contain] an averment of previous reliability, the appropriate inquiry always being whether the informant's present information is truthful and reliable.' United States v. Scalia, 993 F.2d 984, 987 (1st Cir. 1993) (citing United States v. Cochrane, 896 F.2d 635, 641 (1st Cir. 1990)). Information provided by a confidential informant is sufficiently reliable to support probable cause if independently corroborated. See United States v. Fulgham, 143 F.3d 399, 401 (8th Cir. 1998)." This was. United States v. Giessinger, 2009 U.S. Dist. LEXIS 114218 (D. Neb...continue to full post

Full post as published by Fourth Amendment on December 10, 2009 (boomark / email).