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Other Resources: Read about about other celebrity criminals.
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BTK Eludes Capture and Taunts Police for 31 years
"The Kansas Bureau of Investigation (KBI) obtained DNA before Rader's arrest from a tissue sample that came from Kerri Rader's medical records without her knowledge. It is still unknown from what medical facility (although previously it was said in Wichita) and whether the tissue sample was from her Pap smear (although that is the logical conclusion). " What kind of tissue tied to a woman's medical records could be kept on file at a lab? Bruce Bammel, a Wichita doctor in the field of obstetrics and gynecology, said that could include various tissue samples - everything from a skin biopsy to a pap smear - that can be preserved indefinitely and provide DNA. Pap smears, which are cells taken from a woman's cervix to screen for cervical cancer, are recommended annually for women starting around age 21 (The Wichita Eagle)." Mar 03, 2005. Cops covertly acquired tissue of BTK suspect's relative -- from medical lab. Declan McCullagh, Politech: Politics and Technology also see "PIPEDA: The Privacy Law Blog", the author of this blog, David T.S. Fraser, is a Canadian privacy lawyer Mar. 02, 2005. Investigators obtained suspect's DNA through daughter, sources say. Tim Potter & Ron Sylvester, Knight Ridder/Tribune Concerns over Daughter’s DNA in BTK Case
"...Legal experts say how that DNA was obtained could be a crucial part of the case. The
4th Amendment protects us from 'unreasonable search and seizure.'
Additionally, HIPPA regulations federally protect the privacy of our
medical records. However, it is possible for prosecutors to get those
medical records but they must follow very specific procedures for the
evidence to hold up in court. Failure to follow HIPPA regulations in
obtaining Rader’s daughters’ DNA could allow the case to be thrown out.
Wichita Attorney Kiehl Rathbun says he knows that only a subpoena from
the District Attorney’s office was used to get Rader’s daughters’
medical file. But HIPPA regulations require a protective order from the
court in addition to the subpoena...The
medical records for Rader’s daughter may have given police probable
cause to arrest her father which in turn lead to his reported
confession.The daughter’s DNA may also have given police probable cause
to search the Rader home. But if the District Attorney obtained the DNA
unlawfully all of the evidence might never be allowed in court.
'Everything coming from the arrest is suppressed, everything coming
from the searches is suppressed. That means there is no confession,
there is no evidence,' said Rathbun. However it is possible the
daughter volunteered the use of her private records. but no one is
commenting on this possibility at this time (Randall Kamm, KSN News)."Mar 18, 2005. Concerns over Daughter’s DNA in BTK Case. Randall Kamm, KSN News
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