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Re: Zlinger post# 18049

Tuesday, 04/25/2017 9:56:03 PM

Tuesday, April 25, 2017 9:56:03 PM

Post# of 27533
Zlinger

...I really wish people would stop posting that swabs collect DNA but breathalyzers don't. Any time you put your mouth on something you are going to leave DNA behind.


In my neck of the woods...anyone blowing into a Roadside Breathalyzer by Law Enforcement, the mouthpiece is detached from the breathalyzer and returned to the civilian. If not, it's a violation of their 4th Amendment Rights. However, there have been cases where the civilian did not take the mouthpiece or discarded it once given to them. In some of those cases the civilian later got popped by Law Enforcement once they ran DNA tests after the fact. Do you think the mouthpiece on Cannabix's Breathalyzer is detachable, cost effective, and easily replaceable after each use?

Also See -

PEOPLE v. THOMAS (EXCERPTS)

The question is whether a defendant may assert a privacy interest in a DNA sample that the police surreptitiously obtain from a publicly discarded item or material.


The trial court similarly found that defendant had abandoned the mouthpiece of the PAS device because he did not ask the officers to give it to him after the PAS test was over or to tell him what they planned to do with it...


www.leagle.com/decision/In%20CACO%2020111028037/PEOPLE%20v.%20THOMAS


CLIFF NOTE: TROY CORSBY THOMAS IS A DUMBASS



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