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W.D.Mo.: DNA found on abandoned styrofoam cup was not a search issue

By John Wesley Hall, Jr.

Defendant discarded a styrofoam cup on which his DNA was found. This was an abandonment. United States v. Green, 2010 U.S. Dist. LEXIS 138284 (W.D. Mo. December 14, 2010).* The consent search here was granted by a third party with apparent authority. United States v. Parker, 2010 U.S. Dist. LEXIS 138190 (D. Minn. December 10, 2010).* Defendant consented to the search of his apartment. “Defendant signed a consent to search form that expressly informed him that he had a right to refuse consent. Moreover, the facts leading up to the giving of consent clearly establish that Defendant's will to resist a search was not overborne by the police.” United States v. Wallace, 2010 U.S. Dist. LEXIS 138443 (D. Minn. December 1, 2010).* Officers were arresting defendant standing next to his wife’s car (in which he had standing) in the yard when a gun was seen in plain view...continue to full post

Full post as published by Fourth Amendment on January 06, 2011 (boomark / email).