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WA: Court order for DNA swab not shown to have been issued with PC; suppressed

By John Wesley Hall, Jr.

The state did not show that a court order for DNA swabbing, a search, was issued with probable cause, and the probable cause for arrest is not necessarily probably cause to believe that evidence will be found in a search. The DNA swab was suppressed. State v. Garcia-Salado, 83156-4 (Wash. October 7, 2010): While a cheek swab for DNA is a search and requires a warrant absent the existence of an exception, the warrant requirement of the Fourth Amendment and article I, section 7 may be satisfied by a court order. Normally, a warrant in Washington State is issued under CrR 2.3, but neither the state constitution nor federal constitution limits warrants to only those issued under CrR 2.3. A court order may function as a warrant as long as it meets constitutional requirements...continue to full post

Full post as published by Fourth Amendment on October 07, 2010 (boomark / email).