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Cal: DNA profile satisfies particularity requirement

By John Wesley Hall, Jr.

A DNA profile in an arrest warrant issued the day before the statute of limitations for the offense satisfied the Fourth Amendment particularity requirement. Later match of prison collected DNA led to defendant. And, extraction of defendant’s DNA as a convict under state statute in effect in 1999 which might have been error did not mandate application of the federal exclusionary rule. People v. Robinson, 2010 Cal. LEXIS 114 (January 25, 2010): With regard to any privacy interest in identifying information, it is established that individuals in lawful custody cannot claim privacy in their identification. “Though, like fingerprinting, collection of a DNA sample for purposes of identification implicates the Fourth Amendment, persons incarcerated after conviction retain no constitutional privacy interest against their correct identification...continue to full post

Full post as published by Fourth Amendment on January 27, 2010 (boomark / email).