DNA is still circumstantial evidence IMO.
Have a look at the LE application for search warrant that includes the PCA and LE's requests to the judge that issued the search warrant. And the judges affirmations in response to LE's requests.
LE requested and the judge granted, that the sheath dna need not be
included as necessary to establish Probable Cause, whilst also making clear that this
in no way made the the dna evidence, exculpatory. LE's reasons for the request are also outlined.
In summary (IANAL so am unable to word this as it should be) LE/investigators wanted to be sure that should the sheath dna at some future point (PH/Trial?) ever be excluded from evidence, that the defense would be unable to question the validity of the PCA. To my mind, what this mean is that yes,
the arrest would still have been made sans sheath dna, and that the PCA stands and
shows probable cause sans sheathe dna.ETA: MOO.
The application for Warrant and judge response are attached. It's 30 pages but the statements I refer to are in there.
I have trouble cutting and pasting from the doc, but will attempt in a future post.