#i'm not american and i wasn't sure how to verify police practices other than by word of mouth from the public there
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It’s not illegal for police to test what is discarded trash. Sure, unethical and sneaky but they actually not have to inform him that’s what they’ll be doing when providing the food and drink. A criminal lawyer has covered this in detail on TikTok and said that even if the judge approves this motion then the prosecution just have to put in a new motion requesting that they take a buccal swab and it would def be granted
Not true lol , they can take dna samples from discarded trash in PUBLIC places that are directly in relation to the crime scenes, once you're in custody it's no longer a public place and in custody they can't take dna without permission. From US bar website:
A DNA sample should not be collected from the body of a person without that person’s consent, unless authorized by a search warrant or by a judicial order as provided in subdivision (b) of this standard. Link to the website https://www.americanbar.org/groups/criminal_justice/resources/standards/dna-evidence/#:~:text=(a)%20A%20DNA%20sample%20should,(b)%20of%20this%20standard.
Moreover, the NYPD commissioner has already said the dna are not a match contradicting their own statements in 4 documantery before.
My genuine request: double check anything you see on the internet. For anything regarding law, in the USA you have websites approved by the bar association you can refer to.
really love how fast you sent this in 😂 like i really have two anons fighting very calmly and civilly in my inbox
also about the quoted text, it says "from the body of a person" and we do know that taking DNA samples from a person's body requires a warrant and explicit permission/knowledge of that person, what about public places within the police spaces tho?? what about the situations where people are taken into custody and given food and then their DNA is taken from the trash discarded by them, which in no way requires their body to be anywhere near the trash or the police at the time of DNA collection
and the act of taking DNA from public spaces was never disputed, we're all aware that's completely legal, we aren't sure about the validity of DNA samples taken during the situation i described
and yeah the NYPD has said and done a lot of things which don't match up so we gotta wait and see what comes out of all that
also thanks a lot for the link i'll be verifying any legal stuff sent to me before posting :)
#i'm not american and i wasn't sure how to verify police practices other than by word of mouth from the public there#thank you anon#i seriously mean it#luigi mangione#free luigi#asks
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