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18 Mar 2024, 8:36 pm by Jon Katz
For blood draw DUI cases, these defenses include but are not limited to raising Fourth Amendment Constitutional attacks to blood draws for examining blood alcohol content (BAC) by the Virginia Department of Forensic Science (DFS) (including challenging whether the blood draw was obtained by consent of the defendant or by a search warrant issued with probable cause to do so), timely; submitting a proposed order for transferring a sample of the Virginia DUI defendant's drawn… [read post]
6 Apr 2023, 6:00 am by Jennifer González
Jenifer enjoys hiking the mountains throughout beautiful New England, visiting old general stores, reading absurdist poetry, and exploring linguistic forensics. [read post]
30 Sep 2022, 3:01 pm by Robert Guest
The Decision On appeal, the defendant made five different arguments, including (1) that the FGGS DNA evidence was inadmissible due to the lab lacking accreditation by the Texas Commission of Forensic Science (TCFS), (2) evidence from the FGGS DNA tests was inadmissible due to technicians lacking TCFS licensing, (3) evidence from the FGGS DNA test was inadmissible due to lab work being performed by employees not licensed by the TCFS, (4), the DNA profile created by the… [read post]
16 Sep 2022, 9:28 am by Idaho State Police
During the event, the recipient of the Rick Groff Visionary Leadership in Forensic Science Award will be announced in recognition of their outstanding and visionary leadership of forensic science with Idaho State Police Forensic Services (ISPFS). [read post]
29 Jul 2022, 2:13 pm by Jon Katz
This makes essential a mouth check at least twenty minutes before blowing into the machine, both because the Virginia Department of Forensic Science (DFS) Intox EC/IR II breathalyzer procedures require such checking (and the breath technician's signed attestation clause asserts that s/he has followed DFS procedures) but also because the presence of foreign substances in the suspect's mouth can trap alcohol in the oral cavity, and thus upend the need for BAC… [read post]
4 Jul 2022, 7:01 am by Christopher G. Hill
Certainly not rocket science, but has proven very effective over the years. [read post]
8 Apr 2022, 10:39 am by Jon Katz
In pertinent part, that COA clause says "I certify... that the test was conducted... in accordance with the methods approved by the Department of Forensic Science [DFS]. [read post]
5 Apr 2022, 10:26 am by Jennifer González
She has an undergraduate degree in criminal justice and forensic science from Sam Houston State University. [read post]
9 Mar 2022, 8:41 pm by Jon Katz
Page 22 of the Breath Test Operator Instructional Manual (Manual) issued by the Virginia Department of Forensic Science (DFS) makes clear multiple times that the breath test operator must check the subject's mouth and have all foreign objects removed (other than mouth piercings and dental implants) at least twenty minutes before starting the breath testing. [read post]
13 Feb 2022, 6:52 am by John Floyd
    For example, there was the Houston Police Department’s Crime Lab Division scandal exposed in 2012 when it was discovered that lab technician Jonathan Salvador had falsified hundreds of forensic science reports that led to erroneous criminal convictions. [read post]
23 Jun 2021, 2:46 pm by Susan Landau
Together, the examples in the UK and U.S. context underscore the dangers posed by relying on software—DNA testing, computer forensic analysis and more—as a witness; and the ways in which courts can accomodate for the problem. [read post]
23 Jun 2021, 2:46 pm by Susan Landau
Together, the examples in the UK and U.S. context underscore the dangers posed by relying on software—DNA testing, computer forensic analysis and more—as a witness; and the ways in which courts can accomodate for the problem. [read post]
18 Dec 2020, 8:27 am by Dani Selby
The Innocence Project advocates that the government — including forensic laboratories, police, prosecutors — promptly and meaningfully correct and notify when issues with forensic science or evidence come to light, which San Francisco has done. [read post]
5 Oct 2020, 6:44 am by Jane Turner
” Although the FBI crime laboratory’s public image was of a cutting-edge forensic unit, Whitehurst found a laboratory with old equipment, rusty gear, and unqualified examiners. [read post]
23 Sep 2020, 12:00 am
Forensic labs may not always have sufficient oversight to avoid mistakes. [read post]
25 May 2020, 1:46 pm by Gritsforbreakfast
This presentation on the challenges of implementing the Fair Defense Act included a chart demonstrating smaller Texas counties are still resisting requirements to appoint counsel for indigent defendants in misdemeanor cases.Texas Forensic Science Commission: The commission has published a complete list of licensed technicians and forensic analysts in Texas. [read post]
3 Apr 2020, 10:24 am by jlucivero
As recommended by the National Commission on Forensic Science (NCFS), any lab that encounters forensic missteps has a duty to rectify those breaches through a root cause analysis to find the systemic source of the problem. [read post]
6 Mar 2020, 5:36 am by David M. Boertje
After 44 years, modern forensic science and technology along with multiple agencies working together found a suspect and put him in custody. [read post]
19 Jan 2020, 8:39 pm by Jon Katz
As a Fairfax criminal lawyer, I have in many DWI trials objected to breath testing results when the breath technician has mistakenly referred to the sole Virginia Department of Forensic Science ("DFS")-approved post-arrest breathalyzer as the Intoximeter EC/IR II or Intoxilyzer EC/IR II, when the only correct name for the equipment is Intox EC/IR II. [read post]