DNA Question

[Father Kit Cool Gun Garth]

Let's not talk about Hollywood.
Watching an episode of Dateline where a serial rapist/murderer is on the loose.
Detectives worked for 25 years before solving the case using DNA obtained when the murder first occurred.
They took samples from hundreds of profiled males,yet dozens at the time refused to volunteerr based on their constitutional rights.
The girlfriend of one of those men who refused to provide a DNA sample had told detectives that he boasted about killing someone.
He turned out to be the rapist/killer, but would have been arrested 25 years earlier save for getting his DNA.
My question is could the girlfriend have provided the detectives with his DNA from a hair or toothbrush?
If so, could they use that to arrest him?
Or would that sample be fruit of the poison tree?
Even so, if they couldn't use it in court, but it enabled them to know their man and make their case, would that still prevent him from being arrested?

 

https://properdefenselaw.com/is-dna-protected-by-the-4th-amendment/#:~:text=The Fourth Amendment specifically bars this invasion,for One Purpose is Tested for Another.&text=Thus%2C the Fourth Amendment would require a,can be retested for additional genetic information.”

 

 

[Alpo]

Something I had not considered until they had it on a cop show.

 

The cop did not have a warrant. So is she broke into the barn and searched it, anything she found would be fruit of the poison tree it would not be admissible.

 

So her friend, not a cop, broke into the barn and searched it. Their plan was if he found anything he would tell her and now that a non police witness told her about it she should be able to get a search warrant. Or maybe even that would be probable cause.

 

So your question about the DNA from the girlfriend is right along the same lines. Joe won't give me his DNA, and I can't go get Joe's DNA. But if Sally brings me Joe's DNA, can I use that.

 

Of course there is always the problem of how to prove that that is actually Joe's DNA that Sally brought me.

[Marshal Mo Hare, SASS #45984]

If friend does the search as his own idea and not as a request from cop, it’s likely ok.

[Subdeacon Joe]

1 hour ago, Alpo said:

Something I had not considered until they had it on a cop show.

 

The cop did not have a warrant. So is she broke into the barn and searched it, anything she found would be fruit of the poison tree it would not be admissible.

 

So her friend, not a cop, broke into the barn and searched it. Their plan was if he found anything he would tell her and now that a non police witness told her about it she should be able to get a search warrant. Or maybe even that would be probable cause.

 

So your question about the DNA from the girlfriend is right along the same lines. Joe won't give me his DNA, and I can't go get Joe's DNA. But if Sally brings me Joe's DNA, can I use that.

 

Of course there is always the problem of how to prove that that is actually Joe's DNA that Sally brought me.

 

 

Now just wait a gol-darned minute!  I've never known anyone named Sally! And I've never been in that part of the country! 

 

Yer barkin' at the wrong kettle of fish there,  boys!

 

 

[Sarge]

If the girlfriend wasn't acting as an agent for law enforcement she could provide the sample.  If she otherwise legally gained possession of the item, she could  provide the DNA to LE even if requested by LE.  They may have sufficient probable cause at that point to make an arrest, though I don't think a prosecutor would authorize a warrant without a sample being obtained with a search warrant.