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SJC oral argument tests whether unlawfully obtained juvenile DNA bars later compelled swab
Summary
At oral argument in Commonwealth v. Adonis Carbajal, defense counsel urged the court to require a fuller inquiry into police misconduct before allowing the Commonwealth to compel a second DNA buccal swab after the first was conceded unlawful; the solicitor for the Commonwealth said reversal is not required because any error was harmless.
At oral argument before the Supreme Judicial Court in Commonwealth v. Adonis Carbajal on Oct. 12, 2025, Attorney Jalen Hahn Nocum for the juvenile appellant argued the trial court erred by granting the Commonwealth's motion to compel a second buccal swab without evidence about the officers who took the first, allegedly unlawful, sample.
"The Commonwealth here conceded that the police unlawfully took the juvenile's DNA at booking," Nocum told the justices, saying the motion judge nevertheless found the Commonwealth met the Maxwell standard and ruled officers did not act in bad faith despite no testimony from the officers who performed the booking swab.
Nocum asked the court to…
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