What are the constitutional requirements of a search warrant for DNA evidence at a crime scene?

MultiRegion, United States of America

The following excerpt is from Bill v. Brewer, 799 F.3d 1295 (9th Cir. 2015):

These constitutional requirements were satisfied here. The superior court expressly found probable cause to believe that the crime of Homicide had been committed. Plaintiffs wisely do not challenge this finding; indeed, the affidavits detailed the date, time, victim, and crime scene of the highly publicized death being investigated. The affidavits also explained that DNA samples were sought from all public safety personnel who entered the crime scene to exclude them as depositors of the questioned DNA. It cannot be meaningfully debated that there was probable cause to believe the evidence sought could be found in the place to be searched (inside of plaintiffs' mouths). See Illinois v. Gates, 462 U.S. 213, 230, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (explaining that probable cause is a commonsense, practical question).

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