IN RE R.H.

No. 99-353.

762 A.2d 1239 (2000)

In re NONTESTIMONIAL IDENTIFICATION ORDER DIRECTED TO R.H.

Supreme Court of Vermont.

Motions to Stay Mandate Denied September 25, 2000 and October 4, 2000.


Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and David Tartter, Assistant Attorney General, Montpelier, for Plaintiff-Appellee.

Robert Appel, Defender General, and Henry Hinton, Appellate Attorney, Montpelier, for Defendant-Appellant.

Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.


DOOLEY, J.

Defendant R.H. appeals from an order of the Lamoille District Court holding him in civil contempt for refusing to comply with a nontestimonial identification order that required him to submit to the collection of cheek epithelial cells (saliva) by swabbing the interior of his mouth. On appeal, defendant argues that (1) the affidavit filed in support of the nontestimonial identification order does not show reasonable grounds to suspect that he committed...

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