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LA2: Defendant was called in for a DNA test and he consented

By John Wesley Hall, Jr.

Defendant had not submitted to a buccal swab for a DNA test on his prior convictions. Police officers investigating him for something else noted that and they called him in for a DNA test, which he consented to. State v. Bradley, 2010 La. App. LEXIS 272 (2d Cir. March 3, 2010). Reasonable suspicion developed during defendant’s traffic stop, and the officer was not constitutionally required to issue a traffic ticket immediately. A drug dog came and alerted. State v. Lawrence, 2010 La. App. LEXIS 278 (2d Cir. March 3, 2010).* The search of defendant’s car was not justified by exigent circumstances, so the finding of a toy gun used in a robbery case should have been suppressed. However, it was harmless beyond a reasonable doubt on this record...continue to full post

Full post as published by Fourth Amendment on March 07, 2010 (boomark / email).