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Defendant Didn’t Have Legitimate Expectation of Privacy in DNA on Cup

Defendant declined to voluntarily provide police with a sample of his DNA.  In addition, defendant presented testimony that he washed his cup and spoon several times a day to prevent law enforcement from collecting his DNA. However, defendant voluntarily accepted prison officials’ offer to make telephone calls in the ‘detox cell.’ Moreover, the evidence adduced at trial demonstrated that defendant did not object to eating in the ‘detox cell’ and using a different prison-issued Styrofoam cup and plastic spoon. And unlike the cup and spoon he left behind in his cell, defendant did not make any attempt to keep the cup and spoon issued in the ‘detox cell,’ nor did he request to keep or wash those items to prevent police from collecting his DNA. In addition, the record does not contain any evidence indicating that defendant was told that he could not take the cup and spoon with him.”