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STATE v. RAINES

No. 129, Sept. Term, 2003.

857 A.2d 19 (2004)

383 Md. 1

STATE of Maryland v. Charles RAINES.

Court of Appeals of Maryland.

August 26, 2004.

Attorney(s) appearing for the Case

J. Joseph Curran, J., Atty. Gen. of Md., and Gary E. Bair, Sol. Gen., Baltimore, on brief, for appellant/cross-appellee.

Stephen B. Mercer (Rene Sandler, Sandler & Mercer, P.C., Rockville, William G. McLain, Washington, DC, on brief), for appellee/cross-appellant.

Marc Rotenberg, Chris Hoofnagle*, Marcia Hoffmann, Washington, DC, brief of amicus curiae Elec. Privacy Information Center; Timothy P. O'Toole*, Todd Cox, Alison Flaum, Jennifer Di Toro, Public Defender Service for the District of Columbia, Washington, DC, brief of amicus curiae, Public Defender Service for the District of Columbia in support of appellee, Charles Raines.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

CATHELL, Judge.

On August 21, 2003, Charles Raines, appellee, was indicted by a Montgomery County Grand Jury on the charges of first degree rape, second degree rape and robbery. On January 29, 2004, the Circuit Court for Montgomery County, the motions court,1 granted appellee's motion to suppress physical evidence because it found that the Maryland DNA2 Collection Act, Md.Code (2003), § 2-501 et. seq...

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