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LA2: Consent to taking DNA moots validity of backup court order defendant was unaware of

By John Wesley Hall, Jr.

Defendant consented to the taking of his DNA in a sex crime prosecution. There was a court order for taking the DNA in the event he refused, but he never knew about it until later. The validity of the court order is this irrelevant. State v. Morgan, 2010 La. App. LEXIS 1014 (2d Cir. April 14, 2010).* The officer was in defendant’s apartment by consent. A woman appeared from a back room and retreated inside. The officer could follow, and evidence was found in a valid plain view. In appellate review of a motion to suppress, the court can consider the trial evidence as well. State v. Gipson, 2010 La. App. LEXIS 1011 (2d Cir. April 14, 2010).

Full post as published by Fourth Amendment on July 06, 2010 (boomark / email).