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D.Minn.: PC shown for taking DNA evidence to try to link defendant to physical evidence of crime

By John Wesley Hall, Jr.

The government showed probable cause for taking defendant’s DNA to connect him to clothing that was found related to a crime. United States v. Willis, 2011 U.S. Dist. LEXIS 30142 (D. Minn. March 14, 2011).* Knights requires at least reasonable suspicion for a probation search, and they had it here. State v. Bennett, 2011 Tenn. Crim. App. LEXIS 211 (March 22, 2011).( The issue: “In her appellate brief, Bryant asserts that the Superior Court erred in considering evidence obtained when government officials entered the property where she was staying because that evidence was obtained in violation of her Fourth Amendment right to be free from unreasonable searches and seizures. Bryant also asserts that the Superior Court violated her substantive and procedural due process rights in granting temporary custody to DHS because the evidence did not establish probable cause that her children were in imminent danger of serious injury...continue to full post

Full post as published by Fourth Amendment on March 27, 2011 (boomark / email).