Varriale v. State

George Varriale v. State, No. 85, September Term 2014, Opinion by Greene, J. CRIMINAL LAW – SEARCH AND SEIZURE – CONSENT TO SEARCH – SUBSEQUENT USE OF DNA The use of a buccal swab inside a person’s cheek to obtain DNA samples for testing is a search. Generally, a DNA sample may be obtained from an individual for testing by consent, pursuant to a warrant, or other court order. If a person’s DNA profile created from a DNA sample is in the lawful possession of the police for examination by consent and does not exceed the scope of the consent given to conduct the search, there is no Fourth…