Pharr v. Commonwealth

CLEMENTS, Judge.

Derrick A. Pharr (appellant) was convicted in a jury trial of rape, in violation of Code § 18.2-61, and breaking and entering with intent to commit rape, in violation of Code § 18.2-89. On appeal, he contends the trial court erred in denying his motion to suppress the Commonwealth’s evidence relating to a buccal swab he voluntarily provided in an unrelated criminal investigation. Appellant argues the police’s use of the buccal swab in this case to obtain his DNA profile for comparison ■with DNA evidence recovered from the victim violated his rights under the Fourth Amendment.…