Probable Cause – Warrant for DNA Samples

By: Derek Hawkins//November 5, 2018//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Dwayne V. Daniels

Case No.: 17-3554

Officials: BAUER, KANNE, and SCUDDER, Circuit Judges.

Focus: Probable Cause – Warrant for DNA Samples

Dwayne Daniels conditionally pleaded guilty to bank robbery, reserving his right to appeal the district court’s denial of his motion for a hearing under Franks v. Delaware, 438 U.S. 154 (1978), to probe the credibility of the FBI agent who procured a warrant for samples of his DNA. We affirm because, although the wording of the warrant affidavit is misleading, curing the inaccuracy would not defeat probable cause. In any event, Daniels has not made a substantial preliminary showing that the misstatement was deliberate or reckless.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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