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Assignment:
Detectives reached out to Suspect #2 and asked if they would agree to a cheek swab to collect a DNA sample. Suspect #2 refused to give a sample. Investigators decided to place Suspect #2 under surveillance to try and get DNA a different way.
Suspect #2 bought a drink at a local coffee shop. Investigators watched as they finished the drink and threw away the cup in a trash can at a bus stop. Investigators collected the cup which they tested for DNA to compare to the crime scene DNA.
Will the DNA sample collected from the trash be usable in court? Choose the best answer:
*No. The police did not have a warrant to take the DNA sample from the trash.
*No. Suspect #2 did not give consent to have his DNA sample taken.
*Yes. Suspect #2 abandoned the coffee cup and the DNA in the trash can at the bus stop, so the police did not need to have a warrant according to the abandoned property exception to the warrant requirement.
*Yes. The cup with DNA was in plain view so no warrant was needed.
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