United States Fourth Circuit

In a conviction of defendant for various federal offenses arising from armed robbery and murder during the robbery of an armored car employee, judgment of the district court is affirmed where: 1) no Fourth Amendment violation occurred in the seizure of the bag containing defendant's clothing at the hospital, and the subsequent "search" of the bag was not unlawful because its contents were a foregone conclusion based on an officer's testimony; 2) while there was a Fourth Amendment violation when the police department extracted defendant's DNA profile from his clothing and tested it as part of the murder investigation, as well as in retaining defendant's DNA profile in a local database, the "good faith exception" to the exclusionary rule applies to both violations; and 3) district court did not abuse its discretion in excluding defendant's expert witness.

Appellate Information

• Decided 08/16/2012
• Published 08/16/2012

Judges

• Agee

Court

• United States Fourth Circuit

Counsel