SMITH v. STATE

No. 49S02-0103-CR-170.

744 N.E.2d 437 (2001)

Damon SMITH, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

March 27, 2001.


Attorney(s) appearing for the Case

Michael J. Murphy, Legal Intern, Ann M. Skinner, Indianapolis, IN, Attorney for Appellant.

Karen M. Freeman-Wilson, Attorney General of Indiana, Priscilla J. Fossum, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


ON PETITION FOR TRANSFER

BOEHM, Justice.

We grant transfer in this criminal appeal to decide whether retaining a defendant's DNA profile from a prior unrelated case and using it in a subsequent case violates the right to be secure from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution and Article I, Section 11 of the Indiana Constitution. We also address whether retention of the DNA profile violated Indiana Code...

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