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FL: Ruse to get DNA sample did not invalidate consent

By John Wesley Hall, Jr.

Use of a ruse that defendant was a suspect in a nonexistent crime to get his DNA and then test it against another crime did not make his consent invalid. The police did not misrepresent that they did not have a warrant, and defendant was not a stranger to police procedure. Wyche v. State, 2008 Fla. LEXIS 1229 (July 10, 2008). Defendant's refusal of consent prevented the police from seeking consent from his mother. The parent-child hiearachy of ability to consent, since this is an adult child, does not alter the outcome. Martin v. United States, 2008 D.C. App. LEXIS 282 (D.C. July 10, 2008).

Full post as published by Fourth Amendment on July 14, 2008 (boomark / email).