Legal Opinion
Garcia-Torres v. State
Indiana Court of Appeals
Decided September 30, 2009No. 64A03-0812-CR-630PublishedCited by 3 opinions
1Opinion of the Court
OPINION
BRADFORD, Judge.
Appellant/Defendant Arturo Garcia-Torres appeals from his convictions for Rape,1 two counts of Burglary,2 and Attempted Rape,3 all as Class B felonies. Concluding that (1) the taking of a cheek swab for purposes of extracting a DNA profile is a search requiring reasonable suspicion, and not probable cause, under the Indiana and federal constitutions; (2) police had reasonable suspicion to take a cheek swab from Garcia-Torres; (8) the taking of a cheek swab is not subject to the advice-of-counsel requirements of Pirtle v. State, 263 Ind. 16, 328 N.E.2d 634 (1975), (4)…
Also in this document: Concurrence.
2Cases cited26 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Mapp v. OhioSupreme Court of the United States · 1961
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Wolf v. ColoradoSupreme Court of the United States · 1949
- United States v. DionisioSupreme Court of the United States · 1973
21 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Garcia-Torres v. StateIndiana Supreme Court · 2011
- Garcia-Torres v. StateIndiana Court of Appeals · 2009
- Garcia-Torres v. StateIndiana Supreme Court · 2011