Magee v. State
Court of Appeals of Mississippi
1Opinion of the Court
MAXWELL, J.,
for the Court:
¶ 1. Jay Magee challenges the admission of DNA evidence at his trial for armed robbery and kidnapping. We reject his claim that the search warrant, relied on to collect a DNA swab from his mouth, only authorized a search of his jail cell and not him personally. And even if it were true that the search warrant was invalid to search Magee, we find the DNA evidence, tying him to a ski mask discovered in the woods near the crime scene, admissible under the good-faith exception to the exclusionary rule.
¶ 2. We also find the testimony of the handler of a tracking dog used…
2Cases cited23 opinions
- United States v. LeonSupreme Court of the United States · 1984
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Bumper v. North CarolinaSupreme Court of the United States · 1968
- Ybarra v. IllinoisSupreme Court of the United States · 1980
- Bush v. StateMississippi Supreme Court · 2005
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