CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

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Thursday, May 5, 2005

Court Can Order Alternative Suspect To Submit To DNA Testing At Defendant's Request

From BNA.com:  "A defendant who can convince a judge there is a good chance he might be exonerated by the results of a DNA test of another person is entitled under the Massachusetts Constitution to a court order compelling the other person to submit to an oral swab for a DNA sample, even though that individual has not been charged with a crime, the Massachusetts Supreme Judicial Court rules in In re Jansen, Mass., No. SJC-09430, 4/25/05. The court adds that it sees no Fourth Amendment problem with such an order because it is solicited not by the government but by the accused, whose motive is purely a selfish one."  Details . . .  [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2005/05/court_can_order.html

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