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MN: DNA testing for lesser included misdemeanor was reasonable

By John Wesley Hall, Jr.

A juvenile was charged with felony shoplifting, and it was pled down to a lesser included misdemeanor. By statute, the juvenile was subject to DNA testing. DNA testing of this juvenile was not unreasonable under the Fourth Amendment or the state constitution. In re M. L. M., 2010 Minn. App. LEXIS 54 (April 20, 2010). While a motion to suppress can be denied on any ground that supports the search, the state at least has to raise the issue before the juvenile court so it can have the opportunity to decide it. Raising it for the first time on appeal is inappropriate. In re C.K., 2010 Iowa App. LEXIS 321 (April 21, 2010).* Defendant’s parents let police search his childhood bedroom which they used for storage. Defendant lived in Chicago, and did not stay there even as an overnight guest at the time...continue to full post

Full post as published by Fourth Amendment on April 26, 2010 (boomark / email).