New York Attorney Heath D. Harte Releases a Statement on Fourth Amendment Rights

In light of a recent ruling, New York Attorney Heath D. Harte recently released a statement commenting on proper collection of DNA and Fourth Amendment rights. According to the ruling, the Appellate Division, Third Department suppressed the DNA Sample linking the suspect to the victim because it was not properly collected by the police.

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“This was a matter of the courts upholding a person’s fourth amendment rights. A no knock warrant is issued when the police believe a suspect can destroy evidence in between the time of identifying themselves and entering the premises," stated Harte.

(PRWEB) May 22, 2014

Heath D. Harte, an attorney-at-law with over twenty-five years of experience, released a statement today commenting on the proper collection of DNA and protecting a person’s fourth amendment rights.

According to the case People v. Walker (New York, 104040)*, the Appellate Division, Third Department suppressed a DNA sample linking the suspect to the victim. The court found the police unauthorized to collect DNA from the alleged suspect, Paul Walker Jr., under the no-knock warrant they carried out on April 2010.

“This was a matter of the courts upholding a person’s fourth amendment rights. A no knock warrant is issued when the police believe a suspect can destroy evidence in between the time of identifying themselves and entering the premises. In this case, a suspect’s DNA cannot be destroyed and the court found that his fourth amendment rights were violated,” stated Heath D. Harte.

According to court documents, Justice John Lahtinen explained that a founding principle of due process guarantees that if no pressing circumstances exist, the suspect has the right to be heard before the suspect’s constitutional right to be left alone is overlooked.

“All parties involved, especially the police, need to respect due process. To ensure a fair trial and a tight case, the investigation needs to be thorough and carried out with dignity. The suppression of DNA from this case will prove to be an interesting in the outcome of the case,” continued Harte.

For more information about the Law Offices of Heath D. Harte please visit: http://www.HarteLawOffice.com

About the Law Offices of Heath D. Harte
With over 25 years of experience, the Law Offices of Heath D. Harte is a full service law firm concentrating in criminal law, personal injury law, estate planning, and real estate. While traditional in service and style, with smart use of experience and leveraging state of the art technology to streamline services, the firm cuts out excessive overhead usually associated with law firms. Lower overhead means that the firm can offer the same service one expects from a prestigious law firm, like the Law Offices of Heath D. Harte, at lower, more affordable costs to clients. The firm’s ultimate goal is to provide aggressive, reliable and effective legal representation at an affordable price. The firm also offers creative fee structures to accommodate clients’ needs, especially in today’s economic climate.

Contact
To learn more about The Law Offices of Heath D. Harte locations and services, please contact:
The Law Offices of Heath D. Harte
1700 Bedford Street, Suite 102
Stamford, CT 06905
Office: (203) 724-9555
questions(at)hartelawoffice(dot)com
http://www.HarteLawOffice.com

http://law.justia.com/cases/new-york/appellate-division-third-department/2014/104040.html


Contact

  • Tammy Castelino
    Heath D. Harte Law Firm
    +1 (203) 724-9555
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