The police served a search warrant on Justin\'s house looking for drugs or evide

Question

The police served a search warrant on Justin's house looking for drugs or evidence that he was selling drugs. the search specified that the items to be seized included cocaine, packaging materials, scales and U.S. currency. While executing the search warrant the police seized cocaine, a scale and 500 plastic bags from Justin's kitchen. They also seized a bloody rag from the pocket of his jacket which was hanging in his closet. The DNA from the blood turned out to match that of a woman who had recently been murdered. They have taken Justin into custody on the drug charges and now want to test his DNA as well. Must they obtain a warrant to do so? Why or why not? Also, will the seizure of the bloody rag be upheld as valid by the court? Why or why not?

Explanation / Answer

Yes, they have to obtain a warrant for conducting the DNA test as well because the police cannot just conduct such activities according to their whims and hence the court has to certify that the DNA test is appropriate and the law has right to do so, only the it can be conducted.

Yes, the seizure of the rag be upheld as valid because traces of blood is not a very common and natural phenomenon and if the investigation leads to a different lead of information altogether, then the police has the right to seize anything that may seem suspected.

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