1.27 - 13. Non-Communicative Acts, Real Evidence

JurisdictionNew York

13. Non-Communicative Acts, Real Evidence

Where the right to counsel has attached but no questioning or its functional equivalent occurs, DNA voluntarily deposited on a cigarette butt left in an astray will not be suppressed. The DNA is not a response or statement or communicative act disclosing the contents of the mind, certainly not an uncounseled consent to a search.110


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Notes:

[110] . People v. Gibson, 17 N.Y.3d 757, 929 N.Y.S.2d 34 (2011).

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