Virginia Criminal Defense News
Earlier this month, a state appellate court issued a written opinion in a Virginia rape case discussing whether the seizure of the defendant’s DNA was in violation of his constitutional rights. Ultimately, the court concluded that the defendant abandoned any expectation of privacy he had in the items containing his DNA when he placed them in the trash outside his home.
The Facts of the Case
According to the court’s opinion, the case arose from an incident in 1995, in which a man in a ski mask broke into an apartment and forced two women inside to perform oral sex. At the time, law enforcement obtained a DNA sample, but had nothing to compare the sample to. Years later, in 2016, a woman called the police explaining that her husband, the defendant, told her he was the “Fairfax County Rapist.” He explained that he would use a black ski mask and hold his victims at gunpoint as he demanded oral sex.
The defendant’s wife called the police, explaining what the defendant told her. Law enforcement then investigating the defendant. To obtain a sample of the defendant’s DNA, police went to his home and obtained items from his trash, including a beer bottle and cigarette butts. The results from the DNA testing indicated that the defendant “could not be eliminated” as a contributor from the sexual assault. After this, the police obtained a warrant to obtain an additional DNA sample from the defendant, which also indicated he could not be eliminated as a contributor.