Smith v. State

ON PETITION FOR TRANSFER

BOEHM, Justice.

We grant transfer in this criminal appeal to decide whether retaining a defendant's DNA profile from a prior unrelated case and using it in a subsequent case violates the right to be secure from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution and Article I, Section 11 of the Indiana Constitution. We also address whether retention of the DNA profile violated Indiana Code section 10-1-9-8. We affirm the trial court's denial of the defendant's motion to suppress this evidence.

Factual and Procedural Background

On…