Tealgrove
#Where Is Summer? #Gannon Is My Hero
- Joined
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I have understood for a long time, that it is legal for police to recover items discarded, whether it be the trash, recycling, etc. (Once discarded, the item becomes a free-for-all item.) This has come to light in other cases I have followed, both from way back when DNA technology started being utilized, and more recently.
I guess the thing with retrieving a discarded item would be that the officer in question would have to be able to prove beyond a reasonable doubt to a jury, that it was retrieved without/before contamination could occur, and/or ensure the correct item was retrieved, as opposed to say, a different disposable cup discarded by someone uninvolved, etc. I guess the chances of a suspect's DNA matching a cup discarded by someone else would be unbelievable though?
But for an officer to deliberately trick a suspect into providing DNA through false identity (hairdresser?) and false pretenses (free haircut?), seems like another level, and that it should be disallowed??
OTOH, I suppose sting operations, recordings, jailhouse bunkies, are all really the same type of thing?
They got Christina Noudga's (Dellen Millard's Girlfriend) DNA from a straw in a cup that she discarded in a public garbage can at York University while she was under surveillance. So yup, it's legal.