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THE PHANTOM: A new kind of smoking gun 

Menlo Park City Council Member Andrew Cohen obviously feels passionate about the city's plans to strengthen its existing smoking ordinance.

At a meeting Tuesday, the council discussed deeming smoking in certain areas a public nuisance. Cohen asked City Attorney William McClure whether such a designation would allow private citizens to request DNA testing in legal proceedings against smokers.

"If a citizen is entitled to pursue it as a nuisance, could they get cooperation from the police department to do DNA testing on cigarette butts?" Cohen asked. McClure was quick to dismiss that idea, saying police probably don't have the staffing for such an undertaking.

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