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MS: Miranda warning not required before DNA draw

By John Wesley Hall, Jr.

A Miranda warning is not required before a blood draw for DNA testing. Robinson v. State, 2008 Miss. App. LEXIS 624 (October 14, 2008).* Initial encounter was consensual where officer walked up to defendant standing outside his car. The officer parked near but did not block the defendant. It escalated into reasonable suspicion of DUI. State v. McGinnis, 2008 Kan. App. LEXIS 163 (October 24, 2008).* No standing in a motel room rented solely for manufacture of drugs which the defendant did not rent or keep any other personal belongings in. United States v. Robertson, 2008 U.S. App. LEXIS 22200 (10th Cir. October 22, 2008)* (unpublished): As noted by the district court, the suite was not registered to any of the occupants, and no personal items indicating an overnight stay were present...continue to full post

Full post as published by Fourth Amendment on October 26, 2008 (boomark / email).