Home -> Law Blog Directory -> Public Defense Blogs -> A Public Defender
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Public Defense
: A Public DefenderState v. DNA profile
By Gideon
In these days of DNA, scientific and forensic evidence, it was bound to happen. As this very interesting (and lengthy) opinion from the California Supreme Court details, a “John Doe” warrant issued mere days before the statute of limitations was set to expire, identifying the defendant only by his DNA profile, satisfies the “particularity” requirement of the Fourth Amendment.
The DNA was taken from a crime scene (and victim) in 1994 and after the issuance of the warrant, a cold hit matched the profile to that of the defendant. Only problem is, the DNA taken from the defendant was in violation of then-existing CA law.
The defendant raised several challenges to the warrant: that since the DNA was taken in violation of the law, it was in violation of the 4th Amendment; that this triggered the exclusionary rule; and that the warrant was not specific enough because it was issued in the name of “John Doe”.
You can image the usual responses to such claims. The court relies on the abomination that is Virginia v. Moore to dispense with the first argument: that just because state law prohibits something, doesn’t mean it is a violation of the Fourth Amendment. The second is dealt with by regurgitating the very narrow reading of the exclusionary rule (and the third argument was just plain silly to begin with).
This shouldn’t be a problem anymore for most states, since the statute of limitations for all sex crimes is now one googol years (an actual number). But the case is a curious oddity nonetheless and it is my solemn sworn duty to bring this to your attention.
QED
Full post as published by A Public Defender on January 27, 2010 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
State Street Corporation 401(k) / ERISA Stock Fraud
State Street Corporation 401(k) / ERISA Stock Fraud
State Street Corporation 401(k) / ERISA Stock Fraud
State Street Corporation 401(k) / ERISA Stock Fraud
Florida State Settles with Feds over Disclosure of Personal Driver Info
Florida State Settles with Feds over Disclosure of Personal Driver Info
Dell Inc
Settles 34-State Lawsuit
State Street Corporation
NYSE:STT

Below-guideline sentence for corrupt Alaska state representative
Barry George: loner cleared of JIll Dando killing set for £1m award
KS: Failure to specify DNA profile in John Doe arrest warrant was error
New York to recognize out-of-state same-sex marriages
Anderson on Kirkpatrick on George
AoA updates annual "Profile of Older Americans"










