SMITH, RYAN S., PEOPLE v
KA 09-02653
| N.Y. App. Div. | Mar 16, 2012Background
- Two Niagara Falls crimes in 2006: two home invasions with armed suspects; a separate gas station robbery in 2006.
- DNA from defendant matched CODIS evidence linking him to the home invasions and gas station robbery.
- August 2008: People obtained an order to show cause to compel a buccal swab from Smith; first swab collected after service.
- September 2008: People sought a second buccal swab because the first sample was compromised; Smith was not given notice of the second application.
- Police approached Smith in Niagara Falls, handcuffed him, and transported him to the station to obtain a second swab; Smith refused to open his mouth.
- Officers tased Smith for several seconds to obtain the buccal swab; DNA sample was eventually collected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second DNA-order violated due process via lack of notice | Smith contends the second order violated Abe A. due process requiring notice. | Smith argues lack of notice prevented contesting probable cause and necessity for the additional swab. | Second order violated due process; DNA evidence suppressed |
| Whether taser use to obtain the buccal swab violated the Fourth Amendment | Smith asserts taser use was excessive force and unreasonable. | People contend taser was reasonable under circumstances to obtain the sample. | Taser use deemed objectively unreasonable; DNA evidence suppressed |
| Whether, independent of suppression, the DNA evidence should be suppressed | Due process and Fourth Amendment violations taint the evidence. | If errors were only technical, DNA evidence might still be admissible. | DNA evidence suppressed; new trial granted |
| Whether the court properly denied severance of home-invasion counts from gas-station counts | Joiner was improper due to differing factual contexts. | Counts were properly joinable under CPL 200.20(2)(c). | No abuse of discretion; severance denied |
Key Cases Cited
- Skinner v. Railway Labor Executives’ Assn., 489 U.S. 602 (U.S. 1989) (physical evidence collection is a search/seizure)
- Schmerber v. California, 384 U.S. 757 (U.S. 1966) (bodily intrusions require scrutiny balancing interests)
- Matter of Abe A., 56 N.Y.2d 288 (N.Y. 1982) (procedural notice required for DNA sampling orders)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (reasonableness standard for use of force)
- People v. Latibeaudierre, 174 Misc. 2d 60 (N.Y. Sup. Ct. 1996) (notice and due process in DNA sampling context)
- United States v. Bullock, 71 F.3d 171 (4th Cir. 1995) (permission for force to obtain DNA via court order)
- J.B. Hickey v. Reeder, 12 F.3d 754 (11th Cir. 1993) (limits and reasonableness of force in law enforcement)