Cops 1, s***bag 0

[Chaplain Keppy]

From the Niagara Gazette, May 30, 2003

SEATTLE - Not long ago, John Nicholas Athan got an official-looking letter about a class-action lawsuit filed on behalf of people who had been overcharged on parking tickets.
He licked the self-addressed envelope, set it back and waited to hear if he would get any money.
In truth, there was no lawsuit-- but there was DNA.
The letter was part of a ruse devised by detectives to get a sample of Athan’s DNA and connect him to a slaying that had gone unsolved for nearly 21 years. Police used saliva on the flap of the envelope to match Athan genetically to semen taken from the body of 13-year-old Kristen Sumstad, who was raped and strangled in 1982.
Athan, 35, was arrested on murder charges May 21.

:D
Let justice be done.

Rest in peace, Kristen!

[Officer Moe]

HA ! HA! HA!

Sneaky bastards...they should get 2 points for trickyness.

[richjorg]

I hope they had a warrant to do that. I can't imagine that holding up in court if they didn't.

[Scruit]

That is pretty damned cool!

I hope it doesn't get thrown out as unreasonable search.

What sucks is when you have the absolute proof that this guy did it, and a technicality allows him to walk. Everyone watching him leave the courtroom know he did it, yet the can do nothing.

Can they use the saliva sample as PC to get a search warrant for a blood sample? Kinda like a handheld breathalyzer won't stand up in court, but you can use it as PC to arrest and demand an intoxilyzer or blood sample...

[txinvestigator1]

A warrant is not needed to obtain a DNA sample as done here. ANY bodily fluid or other sample capable of testing that a person voluntarily discards or leaves around is perfectly admissible as long as no other illegal search was made in order to find the DNA.

For example, if a suspect goes to dinner and drinks from a glass, then the police can take latents from that glass once the suspect is through with it. However, the police cannot enter a private residence to obtain a latent from a glass without consent or a warrant.

Anything left in garbage can be seized legally, as the courts have repeatedly that discarded trash is not subject to the 4th ammendment or privacy laws.

This was an extremely creative way for the police to obtain a sample. The police did not seize anything, the guy provided it.

Scruit, they don't need blood, as saliva provides the DNA coding also.

Tricks like this are done all of the time, the media just usually do not get wind of it.

[zander_zye]

TX
How can they really prove that the bodily fluid came from a certain person? What if I am in the habit of having my roommate lick my stamps and envelopes?

[txinvestigator1]

Zander

I thought the same thing :eek: and that should be interesting for the courts to work out. But it was still a valid way to obtain the sample regarding the 4th ammendment.

[Stump]

I heard this same story a few years back. I wonder if it is urban legend?
Of course, it could happen.... like they do with the great boat giveaways.

[txinvestigator1]

One news article

another

[zander_zye]

Hey TX - that last post apparently was your 1500th - congrats.

Keep on writing.... lol

[Chaplain Keppy]

I'm not a lawyer, but if Athan challenged this saying someone else licked the envelope, wouldn't they now have probable cause to require a DNA test?