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Home / Courts / Criminal Practice – Search & Seizure – Search Warrant – Defendant’s DNA – Exclusionary Rule – Inevitable Discovery Doctrine (access required)

Criminal Practice – Search & Seizure – Search Warrant – Defendant’s DNA – Exclusionary Rule – Inevitable Discovery Doctrine (access required)

State v. Jenkins The affidavit that was offered in support of the warrant to obtain samples of defendant’s DNA (1) does not show why the police believed defendant committed the crime, (2) contains no indication as to where the detective obtained the information set out in the affidavit, and (3) does not assert that the information or its source is reliable. Therefore, the police did not provide the magistrate a substantial basis on which to find probable cause to believe defendant committed the crime.

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