I call it a result of bad procedure not misconduct. If they’d have held him down and forced getting a sample perhaps.
Yes, and in that case, I don’t think the Supreme Court case applies, as it wasn’t “egregious misconduct”, just bad procedure. They should be allowed to go back and ask him again. He could refuse to sign the paperwork, then they could go through normal means.
The DNA isn’t what led them to him the first time, so it isn’t that the arrest is tainted.
I think though that the idea we can just deport him and get him out of here is appealing to the locals, who don’t want to spend the time fighting this.