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Search and Seizure — DNA swabs – consent — police deception
By: WISCONSIN LAW JOURNAL STAFF//February 21, 2013//
Search and Seizure — DNA swabs – consent — police deception
By: WISCONSIN LAW JOURNAL STAFF//February 21, 2013//
Listen to this articleWisconsin Court of Appeals
Criminal
Search and Seizure — DNA swabs – consent — police deception
Sergion Cazares-Herrera appeals from a judgment of conviction of first-degree sexual assault, strangulation, and being a party to the crime of kidnapping. He argues that his motion to suppress DNA evidence should have been granted because in obtaining his consent to providing a DNA bucal swab, the police lied when they said they were investigating a robbery. We conclude that the police deception did not render Cazares-Herrera’s consent involuntary and use of the DNA sample did not exceed the scope of that consent. We affirm the judgment. This opinion will not be published.
2011AP2955-CR State v. Cazares-Herrera
Dist IV, Dane County, McNamara, J., Per Curiam
Attorneys: For Appellant: York, Katie R., Madison; For Respondent: Pray, Eileen W., Madison; Kaiser, Robert J., Jr., Madison
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