Opinion
No. 54459-4-I
Filed: April 18, 2005 UNPUBLISHED OPINION
Appeal from Superior Court of Snohomish County. Docket No: 03-1-01107-4. Judgment or order under review. Date filed: 06/04/2004. Judge signing: Hon. Kim E. Dupuis.
Counsel for Appellant(s), Cheryl D. Aza, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3635.
Counsel for Respondent(s), Thomas Marshal Curtis, Snohomish County Pros Ofc, 3000 Rockefeller Ave # 504, Everett, WA 98201-4060.
Stanley Hunter appeals his judgment and sentence imposed following his conviction of possession of heroin, arguing that RCW 43.43.754 and the portion of his sentence requiring him to provide a biological sample for DNA identification violates his Fourth Amendment right against unreasonable searches and article I, section 7 right against searches without well founded suspicion. These arguments were rejected in, and are controlled by, our decision in State v. Surge. The Ninth Circuit has also rejected a Fourth Amendment challenge to a requirement to provide a biological sample for DNA identification.
122 Wn. App. 448, 94 P.3d 345 (2004) (holding that State v. Olivas, 122 Wn.2d 73, 856 P.2d 1076 (1993), is controlling on the Fourth Amendment issue).
U.S. v. Kincade, 379 F.3d 813 (9th Cir. 2004), cert. denied, ___ S. Ct. ___, 2005 WL 637432 (Mar. 21, 2005).
We affirm.