United States First Circuit

Defendant's convictions on a series of criminal charges brought in 2011, including sending letters to public officials threatening murder, are affirmed, where: 1) the obtaining of the buccal swab from defendant in 2005 is a violation of the Fourth Amendment on the facts of this case; but 2) the circumstances surrounding the issuance and service of this subpoena and the subpoena's attenuated relationship to the 2011 investigation, as well as the retention of the DNA report, plainly do not justify exclusion of the evidence under Herring v. United States.

Appellate Information

• Decided 11/22/2013
• Published 11/22/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel