But the feds may have screwed the pooch.
NYC subway shooting suspect gets DNA swab from FBI, defense sounds alarm
“FBI agents entered his cell at MDC Brooklyn, questioned him, took multiple buccal swabs of his DNA, and directed him to sign certain documents,” his federal defenders wrote to Judge Roanne Mann, referring to the Metropolitan Detention Center, a federal holding facility. “Contrary to standard practice the government committed this intrusion absent advance notice to counsel, depriving us of an opportunity to be heard or to be present.”
According the defense attorney, the feds entered without presenting a warrant, and without ever notifying the attorneys before or after. Only when they heard about the search and contacted the feds did they get a standalone warrant, without any affidavit to explain why it was issued.
Stupid shit like this has gotten pretty obviously guilty people off before.