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Arrest made in Bike Path Rapist case


Corp000085

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I'll never forget coming back from the Bills game to my dorm at UB and seeing the area outside my window swarming with police, helicopters, etc. after they found Linda Yalem. If he's found guilty justice needs to be swift.

You were at UB the same time as me. I was an RA in Wilkerson when it happened and had to meet with my residents to discuss. What part of NC are you in? I am in Rocky Mount. Just saw that you are in Holly Springs

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Any legal eagles out there?

 

The cops got a tip that he was their man, and needed a DNA sample to compare to DNA found at the crime scenes. They tailed him to a local restaurant, where they went in to dine undercover as well. They told the manager to make sure that nothing was touched on his table, and after he and his wife finished eating and left, the fuzz took his silverware, glassware, etc. to the lab to collect DNA. I do not believe they had a warrant or anything like that.

 

Is that DNA evidence collected from the restaurant admissable in court?

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Any legal eagles out there?

 

The cops got a tip that he was their man, and needed a DNA sample to compare to DNA found at the crime scenes. They tailed him to a local restaurant, where they went in to dine undercover as well. They told the manager to make sure that nothing was touched on his table, and after he and his wife finished eating and left, the fuzz took his silverware, glassware, etc. to the lab to collect DNA. I do not believe they had a warrant or anything like that.

 

Is that DNA evidence collected from the restaurant admissable in court?

 

Interesting question. I'm no legal expert, but I'd suspect that since the restaurant manager was informed and agreed to cooperate everything is ok with collecting evidence from used glassware and silverware.

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Is that DNA evidence collected from the restaurant admissable in court?

 

Yes. it became public property when he left it behind. I agree with Iraqi justice. Hang and or decapitate him. Tell me what's wrong with this story. Down here a guy was convicted for raping and killing a 10 year old boy. This was 10 years ago. He's still alive and wants a retrial. Send him to Baghdad.

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Is that DNA evidence collected from the restaurant admissable in court?

 

Yes. it became public property when he left it behind.

 

I have heard that before, in similar situations, when cops collected DNA off of a discarded cigarrette or something like that. However, I assumed they had court paperwork (warrant or something along those lines) stating that the guy was a person of interest, and they would be looking to collect DNA by any means possible. THEN they tail him to a restaurant or collect his smoke butts, etc.

 

But I don't really know, that's why I'm asking...No paperwork necessary? And I understand pulling DNA from a cigarette, it was the smoker's choice to throw it on the sidewalk. It therefore becomes public property. However, at the restaurant, it's not like he had the choice of taking the silverware and glassware with him, or leaving it behind...You can't exactly steal the stuff...

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I have heard that before, in similar situations, when cops collected DNA off of a discarded cigarrette or something like that. However, I assumed they had court paperwork (warrant or something along those lines) stating that the guy was a person of interest, and they would be looking to collect DNA by any means possible. THEN they tail him to a restaurant or collect his smoke butts, etc.

 

But I don't really know, that's why I'm asking...No paperwork necessary? And I understand pulling DNA from a cigarette, it didn't need to be thrown on the sidewalk. However, it's not like he had the choice of leaving the silverware and glassware behind, or taking it with him...You can't exactly steal the stuff...

No one forced him to dine at the restaurant.

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No one forced him to dine at the restaurant.

 

Agreed. I just assumed there was a process of acquiring a warrant to search anything. They had information that he might be the guy for 10 days. I would hate to see them lose this 100% match because they skipped a 'paperwork' step where they would've acquired permission of the court to seize this clown's fork from a restaurant and obtain his DNA sample.

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Agreed. I just assumed there was a process of acquiring a warrant to search anything. They had information that he might be the guy for 10 days. I would hate to see them lose this 100% match because they skipped a 'paperwork' step where they would've acquired permission of the court to seize this clown's fork from a restaurant and obtain his DNA sample.

I'm not a lawyer but somehow I doubt this hasn't been done before.

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Agreed. I just assumed there was a process of acquiring a warrant to search anything. They had information that he might be the guy for 10 days. I would hate to see them lose this 100% match because they skipped a 'paperwork' step where they would've acquired permission of the court to seize this clown's fork from a restaurant and obtain his DNA sample.

 

Well, he's arrested now. If they need more DNA evidence, doesn't he have to surrender it?

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If you consent to a search, police don't require a warrant. Restaurant owner consents, police take evidence into custody. Nice job.

 

Only possible downside I see is with a DNA-evidenced sure conviction staring him down, bad guy might be offered a plea out to avoid death penalty. At least he's caught.

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Geez, typical response. 3 women dead, maybe 10 raped, plus more we don't know about, and all we worry about is whether the DNA was gotten fairly and did we violate his rights

I think the concern was the evidence was collected legally so that he can be convicted.

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