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Univ. of San Diego School of Law

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Tuesday, November 11, 2008

NYPD Starts Collecting DNA from ... the Police

Dna_rgbThe NYPD has started taking DNA samples from CSI detectives to look for cross-contamination at crime scenes, sources said last night.

Police brass have been pushing for the samples for at least three years. The need was highlighted when a cop's blood turned up, unexplained, on a sink of the blood-soaked apartment of "Realtor to the Stars" Linda Stein.

A crime scene cop had washed his hands in the sink, leaving a near-invisible drop of blood. Accused killer Natavia Lowery's lawyers claimed the DNA belonged to "the real killer" - until the mystery was solved.

The first 11 crime scene detectives provided DNA samples yesterday under a deal negotiated with the detectives union. Lawyers for the Detectives' Endowment Association hammered out language to protect the samples from being accessed for other reasons without a subpoena, sources said.

Some rank-and-file detectives were not so sure.

"Big Brother is here," said one investigator. "To get a DNA sample from anyone else requires a search warrant. They decided the Constitution doesn't apply to cops."

Read full article here. [Brooks Holland]

http://lawprofessors.typepad.com/crimprof_blog/2008/11/nypd-starts-col.html

Criminal Justice Policy, Criminal Law, DNA , Search and Seizure | Permalink

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