Friday, February 06, 2009

I Always Feel Like Somebody's Watching Me, Part 3

State v. Duffy, no. 07-1942 (Iowa Ct. App. Feb. 4, 2009)

In 1986, the body of Karen Weber  was found by the side of a road and the homicide went unsolved. Twenty years later, Duffy, on probation for OWI, was required to give a DNA sample before being released from probation. 

That DNA sample matched DNA taken from cigarette butts at the scene of the Weber homicide. Taken into custody, Duffy confessed to the killing.

Charged with  the murder of Weber, Duffy moved to suppress the confession, the DNA sample taken by his PO, argued he was under the influence at the time he confessed, and that his case did not fall within the reach of the 2005 statute authorizing submission of DNA samples, and that the whole thing was unconstitutional.

The State conceded that taking the DNA sample was a search, but the court held that the standard was reasonableness, and the process of swabbing a person's mouth was reasonable and did not violate Duffy's 4th Amendment rights.

This is an interesting subject on which I may have more to say later.



Post a Comment

<< Home