Legal Question in Constitutional Law in Indiana

containg evidence

Federal investigators discovered a lab used to make illegal drugs in an abandoned trailer located in a rural area. the local police began to investigate two knowen drug dealers in the area, with prior drug convictions. At the lab itself, the feds found no direct link to either of the drug dealers. How ever they did find Dna that was human. the investagaters then track the suspects and retrieve cigarette dropped on the street by one of the suspects. the dna on the cigarette matched the dna found in the lab. they senteced to 20 years for involvement in the lab. so my question is did the police need a warrent to collect the dna?


Asked on 1/06/04, 10:46 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: containg evidence

No. It has long been the law that one has no expectation of privacy in abandoned property, trash and cig butts included. Once the butts were thrown away, they were there for anyone, including law enforcement, to retreive, for any legal purpose, including DNA recovery. No foul here.

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Answered on 1/06/04, 12:47 pm


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