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Use of a subpoena duces tecum for DNA was a search requiring probable cause, but inevitable discovery applies

By John Wesley Hall, Jr.

Use of an Attorney General's subpoena duces tecum to get defendant's DNA constituted a search for which probable cause was required, and here it was lacking even to support the issuance of the subpoena. The state, however, proved [overwhelmingly] that it was closing in on defendant as a serial killer, and inevitable discovery supported the search. State v. Derrick, 2008 La. LEXIS 156 (January 16, 2008): Considering the historical facts that are verifiable, we find the State satisfied its burden of showing by a preponderance of the evidence there was a parallel and independent investigation unrelated to the illegal search that would have inevitably and legally yielded defendant's DNA. When viewed in light of the Task Force's receipt of four rapid-fire tips identifying defendant by name and make of car after the release of the sketch of the serial killer, it is apparent defendant's apprehension was no longer an object of pure Speculation, but rather a matter of imminent reality...continue to full post

Full post as published by Fourth Amendment on January 28, 2008 (boomark / email).