On the affidavit for arrest warrant the Detective said "I received the results from the blood evidence. The blood was identified as the suspect (NAME)" when in fact what FDLE said was "This letter is to inform you of a possible investigative lead. The DNA profile matched a qualifying offender sample". Is this correct? Can they issue a warrant based on that alone?
Also, there were 2 swabs taken from the crime scene, but they did not test both samples, is that legal? And the fingerprints found at the crime scene are no match??
There are requirements for law enforcement to be truthful to the magistrate when seeking an arrest warrant. Providing materially false information to the court can result in the quashing of the warrant. This is a very complex area of law. You should contact an attorney.
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Yes they can get an arrest warrant based on a DNA hit, as for testing of samples, and no fingerprint matches, it sounds like good ammunition for your defense attorney. Consult with a good criminal attorney in your area, it sounds like you have a battle on your hands! Good luck.
If there are intentional false statements and or material representations in the application for the warrant hire an attorney and have the warrant quashed.
FDLE saying they identified a "qualified offender sample" and the police saying the name of that offender in a warrant affidavit may be, in fact, the same thing, provided the suspect name is the same as the qualified offender identified by FDLE. If not, then there's certainly a problem.
An untested second sample and mismatch in fingerprints may be good defense evidence, but it will not in itself negate the police obtaining a warrant for someone based on a DNA sample. Of course, with so many unknowns, it is difficult to be sure.
Seek counsel of an attorney who can confidentially review the facts and advise. Good luck.
The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.
Scientific evidence is always subject to rigorous examination by qualified defense counsel.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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