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LA4: State's unsworn motion for DNA inadequate

By John Wesley Hall, Jr.

The state filed an unsworn motion for a DNA sample from the defendant, which the trial court granted. The defendant’s motion for a supervisory writ is granted. The state’s unsworn motion for DNA did not say why it needed it, and this is insufficient. State v. Franklin, 2010 La. App. LEXIS 1167 (La. App. 4th Cir. August 11, 2010).* Defendant pleaded guilty to attempted murder. His argument on appeal that his motion to suppress the search of a black bag with drugs in it was irrelevant to this case. State v. Bass, 2010 La. App. LEXIS 1135 (2d Cir. August 11, 2010).* The defendant’s girlfriend let the police search the defendant’s storage unit. She had the key and the access code. It was reasonable for the police to believe that she had apparent authority to consent, and the trial court credited findings of consent...continue to full post

Full post as published by Fourth Amendment on August 19, 2010 (boomark / email).