Is there probable cause to obtain a defendant's DNA from a buccal swab?
"New York", United States of America
The following excerpt is from In re Yancey , 2017 NY Slip Op 32939 (U) (N.Y. Cty. Ct. 2017):
Here, the People have established probable cause based upon the indictment handed down by the grand jury before whom the evidence against the defendant was presented (People v. Pryor, 14 A.D.3d 723, 725 (3d Dept. 2005); lv. denied, 6 N.Y.3d 779 (2006)). There is also no dispute herein that the proposed method to be used to secure a defendant's DNA, a buccal swab, is safe and reliable.
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