Opinion
No. 54756-9-I
Filed: May 23, 2005 UNPUBLISHED OPINION
Appeal from Superior Court of King County. Docket No: 03-1-09109-6. Judgment or order under review. Date filed: 08/09/2004. Judge signing: Hon. Nicole K. MacInnes.
Counsel for Appellant(s), Christopher Gibson, Attorney at Law, 1908 E Madison St, Seattle, WA 98122.
Catherine E. Glinski, Attorney at Law, PO Box 761, Manchester, WA 98353-0761.
Counsel for Respondent(s), Patrick Joseph Preston, King County Prosecutor's Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2362.
James Bird appeals the sentence imposed following his conviction for possession of cocaine. He contends RCW 43.43.754 and the portion of his sentence requiring him to provide a biological sample for DNA identification violate both his Fourth Amendment right against unreasonable searches, and his privacy rights under article I, section 7 of the Washington Constitution. These arguments are controlled by our decision in State v. Surge, No. 51954-9, 2004 WL 1551561 (Wash.Ct.App. July 12, 2004) (holding that Fourth Amendment argument is controlled by State v. Olivas, 122 Wn.2d 73, 856 P.2d 1076 (1993), and rejecting argument based on the Washington Constitution and State v. Lucas, 56 Wn. App. 236, 783 P.2d 121 (1989)). We adhere to that decision here.
Affirmed.
BECKER, ELLINGTON and BAKER, JJ.