Golden state killer / night stalker caught

**gghbi** · April 27th, 2018, 12:53 PM

Originally Posted by streaker69

http://hosted.ap.org/dynamic/stories...04-27-11-25-31
Just remember, when you submit your DNA to those ancestry sites, you lose all 4th amendment protections. The question now is, can DeAngelo get that information quashed because of the method of which they did the matching.

It appears the final arrest was based on DNA from material he discarded, so I suspect not. The other data was apparently publicly available and part of the investigative process, not the final basis for the arrest. As usual IANAL and YMMV.

Originally Posted by streaker69

Exactly, I think that's a point that needs to be brought up at trial. Not that I want the killer to go free, but I find that method of obtaining evidence distasteful.

I agree that this level of intrusion is very disagreeable. Not sure where to draw the line.

**Daycrawler** · April 27th, 2018, 02:45 PM

Originally Posted by streaker69

The question now is, can DeAngelo get that information quashed because of the method of which they did the matching.

I doubt it because they didn't take his DNA without consent. It came from a relative, however distant that may be.

Originally Posted by streaker69

Exactly, I think that's a point that needs to be brought up at trial. Not that I want the killer to go free, but I find that method of obtaining evidence distasteful.

The evidence will go to a suppression hearing. I don't see the state loosing this one.

Originally Posted by gghbi

It appears the final arrest was based on DNA from material he discarded, so I suspect not. The other data was apparently publicly available and part of the investigative process, not the final basis for the arrest. As usual IANAL and YMMV.

You are correct form everything I have seen. They narrowed the search by using a DNA database. After doing so they obtained his DNA from a discarded item. When you put trash out on the curb it is free for the picking. Doing a trash pick is nasty, however the evidence you can obtain is amazing. This case proves it. This was some excellent Police work and I feel the case will stick.

I also think if the suspect has more then two brain cells, he will just plead guilty and sit in jail for the rest of his life. He will have to be in protective custody. Even in PC he will be a target. He is a rapist and an ex cop. Those are two bad things to be in a Prison.

**farmplinker** · April 27th, 2018, 03:30 PM

So the cops troll the online DNA database for matches? And they did so for a case that was cold for decades? And they narrowed things down to the ex-cop perp? I'm finding this all a bit unbelievable.

**Daycrawler** · April 27th, 2018, 05:13 PM

Originally Posted by farmplinker

So the cops troll the online DNA database for matches? And they did so for a case that was cold for decades? And they narrowed things down to the ex-cop perp? I'm finding this all a bit unbelievable.

The killer went cold the Cops AFAIK never quit working the case.

**Walleye Hunter** · April 27th, 2018, 05:33 PM

Originally Posted by farmplinker

So the cops troll the online DNA database for matches? And they did so for a case that was cold for decades? And they narrowed things down to the ex-cop perp? I'm finding this all a bit unbelievable.

I believe, I'd call it more like remarkable than unbelievable.

**Delkal** · April 27th, 2018, 06:13 PM

Originally Posted by Daycrawler

The killer went cold the Cops AFAIK never quit working the case.

Someone recently wrote a book on him and it got some press coverage. I guess they restarted the search.

**theduke** · April 27th, 2018, 06:27 PM

Originally Posted by Delkal

Someone recently wrote a book on him and it got some press coverage. I guess they restarted the search.

Patton Oswalts deceased wife wrote the book.

**19dscoutsout** · April 29th, 2018, 09:53 AM

Originally Posted by gghbi

It appears the final arrest was based on DNA from material he discarded, so I suspect not. The other data was apparently publicly available and part of the investigative process, not the final basis for the arrest. As usual IANAL and YMMV.

I agree that this level of intrusion is very disagreeable. Not sure where to draw the line.

IF the courts deem the obtaining of the relatives dna as a 4th Amendment violation the suspects dna would be inadmissible under the fruit of the poisonous tree doctrine/ exclusionary rule. See Wong Sun v. US. The counter argument would be that this DNA was obtained in good faith and therefore should be included.

**press1280** · April 29th, 2018, 12:04 PM

Originally Posted by farmplinker

So the cops troll the online DNA database for matches? And they did so for a case that was cold for decades? And they narrowed things down to the ex-cop perp? I'm finding this all a bit unbelievable.

They can determine that a DNA profile is a relative of another. They had the killer's DNA for years, but he never popped up in any databases. So from my understanding they found a relative on one of these ancestry websites and just narrowed it down from there.
Then they just had to wait for him to throw away some trash, and got their exact match.