Post by eastcoast2 on Apr 26, 2018 13:24:37 GMT
LE has told us that there was not a match in its database(s). I interpret this to mean Codis, state of CA database, and lets assume any under databases under the jurisdiction of the US.
Lets assume that LE does not have the ability or right to search private databases (which I believe is the case).
Lets also assume that US LE has the right and ability to reach out to other jurisdictions to check with them using their databases (entities outside of US). Seems reasonable, especially in the age of global terrorism and the Patriot Act.
Now lets say one of these entitles (foreign countries), does not have laws precluding it from utilizing the data in private databases. They may even have extensions into those databases ?
Now if the US reaches out to one of these entities, and they get a hit (which may be from one of the ancestry type databases), then can the US use the information ?
Technically no law were broken, and by people submitting their data into those private database, they have allowed for it to be matched to new submissions.
I'm not saying this is what happened, but I'm not saying it was not.
LE has told us, there was not a match in their database, yet DNA was the key. They were pointed East (not west , north or south), which is telling me, DNA pointed them in a direction (a familial match ?), which allowed them to hone in on a particular family and man.
The gathering of the suspects DNA to me is the least item of concern. It could be from a coffee cup from Starbucks.
My concern is that if the DNA match was achieved in a way that the courts feel violates the spirit of the law, and they throw it out, there is no chance of inevitable discovery here.
I am sure the DA's office checked very carefully. Remember , the sheriff's office stated that the DA's office pointed them in the right direction. That implies there is a big legal component to gathering this DNA match from a database.
I am not trying to be any kind of a downer, but based on the words from LE and the DA's offices, and specifically what they are not saying, this seems likely as to how it rolled out.
If any of this is true, this case can become a landmark case for DNA gathering, and ultimately find its way to the highest courts.
Unless a family member turned him in and used their DNA to provide a partial match. But LE seems to have stated it was not via a tip.
Frankly, I am glad they did what they did. I know when a request is made in CA for a familial match, it has to be under specific circumstances, ie an impending danger to the public, and needs to be approved by the courts (that is what I have read). Maybe the "new" technology they are referring to is the ability to do the familial match.
I eagerly await more news on how LE accomplished this. if they bent the law, more poser to them. Frankly this case needed to end sooner rather then later.
