The warrant to obtain the DNA was filled on April 22. Allegations have arisen of violations against Frank James, the alleged Brooklyn subway shooter, constitutional rights. His lawyer claims she was not notified before the FBI came into her clients cell and swabbed him. Claims of constitutional rights have been violated have sparked the demand for the toss of the evidence.
The warrant for the swab had been public and could be viewed by the public defenders and others at any time after being filled. Under the law, the FBI, is only required to inform the defendants counsel right before the swabbing was taking place.