California Court of Appeal

The trial court's denial of a motion to suppress is affirmed, where: 1) a swab taken from the defendant's penis at the county jail without a warrant was evidence seized in violation of the Fourth Amendment, as the government made no attempt to establish that the evidence would have been destroyed absent the warrantless seizure, and it was not merely a search incident to arrest; but 2) any error in admitting the evidence obtained from the defendant's penis was harmless beyond a reasonable doubt considering the credibility of the victim and the evidence obtained from the victim's underwear.

Appellate Information

• Decided 05/18/2012
• Published 05/18/2012

Judges

• Nicholson

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steven Schorr, David A. Rhodes