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Archive for November, 2010

Seizing And Testing Cigarette Butts For DNA

30 Nov

This scenario has inspired, and been inspired by, a million episodes of CSI. The police think the defendant is guilty of the crime, but they need the defendant’s DNA.  So they follow the defendant and grab a cigarette butt he tosses (or a coffee cup, or whatever) and test it. Continue reading “Seizing And Testing Cigarette Butts For DNA” »

Tags: cigarette, DNA test, reasonable expectation of privacy, Criminal Cases, evidence, Your Rights, butt, Criminal Defense Articles, Drugs

Intent Required For A Great Bodily Injury Enhancement

21 Nov

Remember when a great bodily injury (GBI) enhancement required specific intent?  Then the law changed to make it general intent.  Now it’s strict liability.  Isn’t the intent required for the GBI enhancement under PC 12022.7 specific intent to inflict the injury, or at least that the defendant intentionally committed the act that caused the injury?  Continue reading “Intent Required For A Great Bodily Injury Enhancement” »

Tags: Criminal Defense Articles, great bodily injury, Criminal Cases, GBI, crime, intent, liability, Your Rights