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State v. Morgan

The Court of Appeals of Washington, Division One
Nov 8, 2004
124 Wn. App. 1009 (Wash. Ct. App. 2004)

Opinion

No. 53885-3-I

Filed: November 8, 2004 UNPUBLISHED OPINION

Appeal from Superior Court of Snohomish County. Docket No: 03-1-02417-6. Judgment or order under review. Date filed: 02/04/2004. Judge signing: Hon. Stephen J. Dwyer.

Counsel for Appellant(s), Jason Brett Saunders, 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.


Edward Morgan appeals the sentence imposed following his conviction for theft in the second degree. 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)).

Affirmed.

GROSSE, J., COX, C.J. and ELLINGTON, A.C.J.


Summaries of

State v. Morgan

The Court of Appeals of Washington, Division One
Nov 8, 2004
124 Wn. App. 1009 (Wash. Ct. App. 2004)
Case details for

State v. Morgan

Case Details

Full title:STATE OF WASHINGTON, Respondent, v. EDWARD ALLEN MORGAN, Appellant

Court:The Court of Appeals of Washington, Division One

Date published: Nov 8, 2004

Citations

124 Wn. App. 1009 (Wash. Ct. App. 2004)
124 Wash. App. 1009