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Post by fmk on Mar 5, 2005 17:16:03 GMT -6
The former city's parks department worker was taken into custody and arrested Feb. 25 after authorities tested a DNA (search) sample from his daughter's medical records unbeknownst to her, and were able to match it to blood saved from a 1964 crime scene. Sources told FOX News that investigators then asked his daughter, who lives in Michigan, for another sample to confirm the results.
Of course this refers to Dennis Radar , but what does it mean in legal terms ? If they did take a dna sample without consent.
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Deleted
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Post by Deleted on Mar 17, 2005 3:06:33 GMT -6
I would need more info, but this gets very tricky. If you give blood at a blood drive or if you throw away a cup or cigarette butt, you generally do not have an expectation of privacy. If it is something that was supposed to be for her medical purposes and if it was not supposed to be shared with police (see the HIPPA Act that covers sharing medical information) it would tend not to be allowed. If there was a warrant then the burden shifts to the defendant to prove that it was invalid (i.e. no probable cause). If there was no warrant, whoever the medical professional or hospital that turned over the info would be very liable in civil court for violating HIPPA and her privacy.
This kind of case is definitely a likely candidate for appeals.
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Post by fmk on Mar 17, 2005 21:22:54 GMT -6
Thanks CM , it seems a small point but it could be left until its a major point.
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Deleted
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Post by Deleted on Mar 21, 2005 18:08:44 GMT -6
No problem.
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