Sep 012015
 September 1, 2015  Posted by  Court, Surveillance, U.S.

John Wesley Hall writes:

A Phoenix officer was shot and killed on duty. “More than 300 public safety personnel, the chief of police, and the mayor quickly converged on the scene. Roughly 100 people entered the area where Sergeant Drenth’s body was discovered, including the three plaintiffs, who were assigned to canine search teams.” Male DNA was found at the scene. All but five voluntarily contributed DNA to exclude them. The five weren’t suspects, but they needed to be excluded. They steadfastly refused to provide DNA, so the PPD applied for a court order to get it. After it was obtained they sued for nominal damages, a declaratory judgment, and to have it destroyed. A court order, a warrant, to obtain evidence does not require that the person from whom it is obtained be a suspect in a crime. DNA can be collected by court order to exclude people from an investigation. Bill v. Wheeler, 13-15844 (9th Cir. August 31, 2015):


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