LAW & ORDER Exclusive Clip: Price Tries to Argue Controversial Evidence Should Be Included in a Very Personal Case

The investigation into the death of a model may lead to some closure for LAW & ORDER’s Sam (Odelya Halevi): The killer’s DNA was also found during the long-cold investigation into the death of Sam’s sister.

In “Look the Other Way,” airing Thursday, May 15 (at 8/7c), a big swing to get justice for both women might not actually hold up in court.

In an exclusive clip from the hour, Price (Hugh Dancy) makes a case to Judge Foster (Joy Lynn Jacobs) that the two cases should actually be tried together.

“Our preference is to join both cases together,” he says in the video below. “First and foremost, it would be judicially efficient.”

“That’s ridiculous; these two cases happened 12 years apart,” Nicole Potter (Anna Wood), who is the defense attorney, argues. “This will cause unnecessary confusion, while at the same time creating a presumption of guilt.”

“Is there any overlapping evidence?” Foster asks.

“Only the DNA, which, as I mentioned in my motion to suppress, should not be admissible,” Potter replies.

“On what grounds?” Foster questions.

“The NYPD violated my client’s Fourth Amendment privacy rights,” Potter says.

It turns out, the cops uploaded the suspect’s DNA into a genealogical database, where he was pinged thanks to someone else uploading their DNA.

“The police acted within the bounds of state regulations and NYPD policy,” Price confirms. “And yeah, they uploaded the DNA to a commercial database, one available to any civilian.”

“This is DNA theft, Your Honor,” Potter replies. “Companies are stealing customers DNA and then trying to monetize it any way they can.”

Potter further argues her client has a right to privacy over the bits of DNA they share with relatives, which this method removed.

“There is no case law or statutory law stating that an individual has a privacy interest in the genetic makeup of a relative,” Price argues. “And if there were, the third-party doctrine would clearly prevail.”

“Meaning what?” Foster asks.

“Meaning the people who upload their DNA to these genealogical platforms do so voluntarily,” Price answers. “Which in turn, implies consent.”

“My client didn’t consent to a damn thing,” Potter retorts. “He never uploaded his DNA to a DNA database. So why on earth should he relinquish his privacy rights just because some curious relative wanted to find out how Scottish she was?”

But how will Foster rule? Watch the clip now…

LAW & ORDER, Thursdays, 8/7c, NBC

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