To: Bogeygolfer
And what is the relevance of having to get a court order?
The DA must prove, by name, not by random search, the person/place and/or things that are to be seized.
First, the DA must establish who was at the home during the time the alleged rape occurred.
Secondly, he must establish, with some reasonable evidence that the person/people he wants DNA from reasonably could have taken part in the alleged crime.
What he can't do is say a few members of a group of 47 people were at the home, therefore I want DNA from all. He has no right to a persons genetic profile without proving the possibility of that person being involved in the crime.
If that was the case anytime a rape was committed the DA in the area the rape took place could legally force every male in the vicinity to provide a DNA sample. It doesn't work that way and no attorney worth their salt would let a DA get away with that.
294 posted on
04/01/2006 10:03:59 AM PST by
Brytani
(Someone stole my tagline - reward for its return!!!)
To: Brytani
The court order only applied to the three residents of the house.
How the rest of the time got involved, I have no idea.
302 posted on
04/01/2006 10:23:38 AM PST by
Howlin
("It doesn't have a policy. It doesn't need to have a policy. What's the point of a Democratic policy)
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