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State v. Gathers

Citations

  • 190 A.3d 409
  • 234 N.J. 208

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • choosing to resolve the constitutional question of whether a buccal swab DNA test in a simple possession case violated a criminal defendant's privacy rights
  • finding an \affidavit from a police officer familiar with the investigation\ is the preferred means of support for an application seeking a buccal swab of the defendant
  • “Probable cause for the issuance of a search warrant requires ‘a fair probability that contraband or evidence of a crime will be found in a particular place.’”
  • “[D]ue to chain-of-custody problems, many DNA collection kit profiles are not considered evidence. According to the State, even after a CODIS hit, the State usually applies for a confirmatory buccal swab to establish the chain of custody.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Solomon

Read full opinion on CourtListener

Cited by

6 cases in this archive cite this case.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

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Sourced from CourtListener / Free Law Project (CC0).

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