Is there any case law where DNA obtained from a PAS device was obtained in violation of a defendant's Fourth Amendment right?
California, United States of America
The following excerpt is from People v. Batten, G050277 (Cal. App. 2016):
Defendant's detention was prolonged after the reason for the stopthe tinted window issuehad been resolved. The DNA obtained from the PAS device used to obtain defendant's breath samples was obtained in violation of defendant's Fourth Amendment rights (Rodriguez v. United States, supra, ___ U.S. ___ [135 S.Ct. 1609]) and should have been suppressed. That does not, however, resolve the matter.
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