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VIRGLE v. SUPERIOR COURT

No. G029364.

122 Cal.Rptr.2d 542 (2002)

100 Cal.App.4th 572

Anthony Glenn VIRGLE, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent. The People of the State of California, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

Review Denied September 25, 2002.

Attorney(s) appearing for the Case

Carl C. Holmes, Public Defender, Deborah A. Kwast, Chief Deputy Public Defender, Kevin Phillips, Assistant Public Defender and Donald E. Landis, Jr., Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Tony Rackauckas, District Attorney, Meldie M. Malone and Brian N. Gurwitz, Deputy District Attorneys, for Real Party in Interest.

OPINION

RYLAARSDAM, Acting P.J.

A defendant who is detained pursuant to a lawful arrest may be ordered to provide a fingerprint exemplar. There is no requirement for a separate probable cause determination before such an order may be made.

The magistrate compelled petitioner Anthony Glenn Virgle to provide a fingerprint exemplar during his preliminary hearing. Identity was a key issue and, without the exemplar, the prosecution was unable to lay an...

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