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State v. Ebreo

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eBook details

  • Title: State v. Ebreo
  • Author : In the Court of Appeals of the State of Washington Division One
  • Release Date : January 08, 2004
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

Emmanuel Ebreo appeals the sentence imposed following his convictions for 141 counts of first degree theft. He contends RCW 43.43.754 and the portion of his sentence requiring him to provide a biological sample for DNA identification violate his Fourth Amendment right against unreasonable searches. He further contends there is no authority for the collection of DNA samples via a cheek swab. These arguments were rejected in, and are controlled by, our decisions in State v. Surge, No. 51954-9-I, 2004 WL 1551561 (Wash. Ct. App. July 12, 2004) (holding that State v. Olivas, 122 Wn.2d 73, 856 P.2d 1076 (1993) is controlling on the Fourth Amendment issue) and State v. S.S., No. 52916-1 (Wash. Ct. App. July 26, 2004) (holding that cheek swabs are an authorized method of collecting biological samples). Affirmed.


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