In re Leslie, Dakota County Sheriff

John David Emerson was arrested and charged with second-degree assault with a dangerous weapon. Upon Emerson’s motion, the district court issued an order restraining the Dakota County Sheriff from collecting Emerson’s DNA for law enforcement identification purposes. The Sheriff filed a petition for a writ of prohibition asking the court of appeals to prohibit the district court from enforcing its order against the Sheriff, arguing that the district court lacked subject matter jurisdiction to hear and decide Emerson’s motion. The court of appeals denied the motion. The Supreme Court reversed, holding (1) the district court had subject matter jurisdiction but exceeded its lawful authority when it used the wrong procedure to address Emerson’s constitutional challenge the DNA-collection statute; and (2) the Sheriff met all three elements for a writ of prohibition. View "In re Leslie, Dakota County Sheriff" on Justia Law