IN RE GRAND JURY WITNESS G.B. v. UNITED STATES

THOMPSON, Associate Judge:

In this appeal, appellant G.B., the victim of and witness to a stabbing, asks us to hold that “no valid investigative warrant may issue to forcibly take the DNA of a witness who is not suspected of the crime for which the DNA is sought.” We hold instead that, pursuant to Superior Court Rule of Criminal Procedure 41 and consistent with the Fourth Amendment, a search warrant may issue authorizing the government’s proposed buccal swab search (and incidental seizure) of G.B. for the purpose of collecting his DNA.

I. Factual Background

According to the Gerstein affidavit…