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Name: People v. Lepere (2023) 91 Cal.App.5th 727
Case #: G061393
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/16/2023
Subsequent History: Modified 6/2/2023

Motion to suppress DNA evidence was properly denied where the affidavit supporting the search warrant was sufficiently detailed and established probable cause. In 2021, through the use of a genealogy website and DNA extracted from a rape kit, defendant became a person of interest in a 1980 rape and murder case. A search warrant of defendant’s house was issued and items seized from his trash linked him to the crime. He was convicted of murder. On appeal, he argued the police officer’s affidavit in support of the search warrant lacked probable cause and his motion to suppress the DNA evidence was…

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Name: People v. Roberts
Case #: C081843
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/20/2021

California's DNA Act did not violate defendant's search and seizure rights or privacy rights under either the federal or state constitutions. A teenage girl's murder went unsolved until defendant's DNA was linked to certain items found at the scene. Defendant's DNA had been collected after an unrelated felony arrest made more than a year after the murder. Although that arrest was supported by probable cause, he was not formally charged in that matter. Based primarily on the DNA evidence, a jury found defendant guilty of first degree murder. On appeal, defendant argued that the use of his DNA sample violated…

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Name: People v. Marquez
Case #: G048762
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/15/2019

The collection of defendant's DNA sample in 2006 was unlawful under the Fourth Amendment because the prosecution failed to prove defendant was validly arrested or that his DNA was collected as part of a routine booking procedure. In 2006, Marquez was arrested on suspicion of a drug offense. Four days later, officers collected a DNA sample and entered it into a statewide database. No charges were subsequently filed. Between 2006 and 2008, Marquez was arrested three more times and was ordered to submit to DNA testing on each occasion. In 2008, investigators retrieved DNA evidence from a robbery, and that…

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