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Criteria for a Warrantless Blood Swab

In affirming defendant’s murder conviction, the Fourth Department noted that a swab of a blood stain on defendant’s body was properly taken without a warrant. The DNA in the swab matched the victim’s. The court explained the criteria for a warrantless swab:

Defendant agreed to give his clothing to the police and, when he removed his shirt, an officer noticed a reddish brown stain on defendant’s chest that appeared to be blood. When asked what it was, defendant responded that it was a bruise. The officer swabbed the area, which later tested positive for blood and matched the victim’s DNA. Where, as here, the police did not obtain a warrant for the seizure of the blood evidence, “the police had to satisfy two requirements in order to justify the action taken. First, the police had to have reasonable cause to believe the [blood stain] constituted evidence, or tended to demonstrate that an offense had been committed, or, that a particular person participated in the commission of an offense . . . Second, there had to have been an exigent circumstance of sufficient magnitude to justify immediate seizure without resort to a warrant” … . We agree with the court that the police had reasonable cause to believe that the blood stain on defendant’s chest constituted evidence, and that the seizure was appropriate because it could have been easily destroyed by defendant … . People v Johnson, 2015 NY Slip Op 08540, 4th Dept 11-20-15

 

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