The prosecution, ever quick to grasp the philosophical implications of new technology, has been indicting DNA profiles for over 10 years under the name of “John Doe” on the theory that the DNA profile is the person. Every prosecutor’s summation arguing a DNA match assures the jury that the profile is one in a billion shmillion gazillion.
So if your DNA is indicted, and your DNA is you, then a criminal action has been commenced against you that triggers the right to counsel. No?
No, says the Second Department, and it’s A-ok for the cops to interrogate you without a lawyer because “no specific individual has been singled out for prosecution.” People v. Griffith 2nd Dept. 2011. The indicted profile is one in a billion shmillion gazillion, but it’s not a specific individual?
Pingback: THE BEST OF APPELLATE SQUAWK 2010-2020 | Appellate Squawk