Opinion
No. 53779-2-I
Filed: November 8, 2004 UNPUBLISHED OPINION
Appeal from Superior Court of King County. Docket No: 03-1-09854-6. Judgment or order under review. Date filed: 02/06/2004. Judge signing: Hon. Palmer Robinson.
Counsel for Appellant(s), Nielsen Broman Koch Pllc, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
Avinesh Prasad, 46374106, Northwest Detention Center, 1623 East J. Street, Tacoma, WA 98421.
Counsel for Respondent(s), Carla Barbieri Carlstrom, King Co Prosecutor's Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2390.
Prosecuting Atty King County, King Co Pros/App Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA 98104.
Avinesh Prasad appeals from the judgment and sentence entered following his conviction for delivery of cocaine in violation of the Uniform Controlled Substances Act. He contends RCW 43.43.754 and the portion of his sentence requiring him to provide a biological sample for DNA identification violate his Fourth Amendment right against unreasonable searches. He further contends there is no authority for the collection of DNA samples via a cheek swab. These arguments were rejected in, and are controlled by, our decisions in State v. Surge, No. 51954-9-I, 2004 WL 1551561 (Wash.Ct.App. July 12, 2004) (holding that State v. Olivas, 122 Wn.2d 73, 856 P.2d 1076 (1993) is controlling on the Fourth Amendment issue) and State v. S.S., No. 52916-1 (Wash.Ct.App. July 26, 2004) (holding that cheek swabs are an authorized method of collecting biological samples).
Affirmed.
GROSSE, J., COX, C.J. and ELLINGTON, A.C.J.