Washoe District Judge Robert Perry on Monday denied a motion by defense lawyers for James Biela to suppress the evidence.
Investigators said Biela declined to provide a voluntary DNA sample, so officers received permission from his girlfriend to test the couple's son.
From that, forensic experts determined the child's biological father could not be ruled out as the source of DNA evidence gathered from crime scenes.
"The defendant cites absolutely no authority for the proposition that the child's mother could not consent to the taking of the boy's DNA or that defendant has standing to object," Perry wrote in his decision.
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