Ep. 260: Is conducting a ballistics test on seized firearm a search under 4th Amendment?

2 years ago
5

The Court concludes the test-firing of the weapon was a search. It was test-fired for one sole purpose and that was to gain identifying data on the retained shell casing for subsequent submission to a database of shell casings obtained from crime scenes and test-fires. While the Court finds the action of the SPD constituted a search, it also finds that the search was a reasonable administrative procedure to identify the firearm that was lawfully in police custody. Under these circumstances the Court finds that the government had a substantial and legitimate interest in uniquely identifying a firearm in its custody. The government is entitled to know the characteristics of a deadly weapon.

United States v. Wondie, No. CR18-315 RAJ, 2021 WL 1424707, at *2 (W.D. Wash. Apr. 15, 2021)

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