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STATE v. O'HAGEN

914 A.2d 267 (2007)

189 N.J. 140

STATE of New Jersey, Plaintiff-Respondent, v. John O'HAGEN, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 24, 2007.

Attorney(s) appearing for the Case

Alyssa A. Aiello, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Janet Flanagan, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Acting Attorney General of New Jersey, attorney; Ms. Flanagan, Patricia M. Prezioso, Assistant Attorney General and Larry R. Etzweiler, Senior Deputy Attorney General, of counsel and on the brief).

Justice WALLACE, JR., delivered the opinion of the Court.

In this appeal, we must determine the constitutionality of the New Jersey DNA Database and Databank Act of 1994(Act), N.J.S.A. 53:1-20.17-20.28, as amended. We granted certification to determine whether the Act violates rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Paragraphs 1 and 7 of the New Jersey Constitution. The Act requires all persons...

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