Legal Question in Criminal Law in Minnesota

In a CSC ase, can clothing that allegedly contains dna evidence be discovered, collected, and transported by the complaintants family member (mother) and then delivered to the police be admissible? Suppressed? This clothing was found in the complainants home 25 days after the allegations by the family member. The alleged crime happened in a location different than where the alleged crime took place. The family member called the police where they received instructions as to how they should pack the clothing and deliver to the precinct.

Asked on 6/04/18, 11:45 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

We would challenge the foundation for admitting that as evidence, since the circumstances described seem fraught with multiple reliability problems, even beyond chain of custody. If it somehow were admitted, we'd attack it as unreliable and perhaps evidence of tampering, depending upon all the facts and circumstances.

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Answered on 6/04/18, 12:05 pm

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