State v. Brown

Defendant appeals a conviction for rape in the first degree, ORS 163.375, challenging the denial of his motion to suppress DNA evidence. The rape was committed in 1998 by, at that time, an unknown assailant. In 2001, pursuant to ORS 137.076, defendant was required to provide a buccal sample following his convictions for felonies. In 2002, the Oregon State Police crime laboratory compared the DNA that had been seized from the rape scene with the sample given by defendant in 2001 and determined that the samples matched. That discovery led to the issuance of a search warrant and the seizure of…