Opinion
No. 53427-1-I
Filed: November 9, 2004 UNPUBLISHED OPINION
Appeal from Superior Court of Snohomish County. Docket No. 03-8-00887-7. Judgment or order under review. Date filed: 10/29/2003. Judge signing: Hon. Kenneth L Cowsert.
Counsel for Appellant(s), Washington Appellate Project Attorney at Law, Cobb Building, 1305 4th Avenue, Ste 802, Seattle, WA 98101.
Nancy P Collins, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3635.
R Morris — Informational only (Appearing Pro Se), 7944 13 Ave SW, Seattle, WA 98106.
Counsel for Respondent(s), Thomas Marshal Curtis, Snohomish County Pros Ofc, 3000 Rockefeller Ave # 504, Everett, WA 98201-4060.
Janice Elizabeth Ellis, Snohomish Co Pros Atty Ofc, M/S 504, 3000 Rockefeller Ave, Everett, WA 98201-4046.
Robert Morris, a juvenile, appeals from the order of disposition entered following his conviction for taking a motor vehicle without permission 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.