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NYC Subway Shooter Says DNA Sample May Have Violated His Rights

  • FBI took DNA samples without informing lawyers, they say
  • Frank James attorneys say they may seek suppression of results
Frank James is escorted out of the 9th Precinct by police after being arrested in New York on April 13.

Frank James is escorted out of the 9th Precinct by police after being arrested in New York on April 13.

Photographer: David Dee Delgado/Getty Images
Updated on

Lawyers for New York City subway shooting suspect Frank James said the FBI may have violated his constitutional rights by taking DNA samples without first informing them.

The lawyers, who said they may seek to have evidence from a second sampling excluded from the case, wrote in a letter to a judge Thursday that while the Federal Bureau of Investigation had a warrant, they weren’t notified ahead of time and weren’t present at the April 26 procedure. The move may have been “an invasion of cherished personal security,” they said.