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STATE v. SURGE

No. 76013-6.

156 P.3d 208 (2007)

STATE of Washington, Respondent, v. Antoine Robert SURGE, aka "Little Nut"; Christopher T. Yarbrough; Shabray Traysunday McMurry; James McClinton; Ricardo Guzman-Gil; and Allen Lee Bowman, aka Alan Bowman, Petitioners.

Supreme Court of Washington, En Banc.

Decided April 19, 2007.

Attorney(s) appearing for the Case

Gregory Charles Link, Maureen Marie Cyr, Washington Appellate Project, David Bruce Koch, Eric Broman, Eric J. Nielsen, Nielson Broman & Koch PLLC, Seattle, WA, for Petitioners.

Carla Barbieri Carlstrom, King County Prosecutor's Office, Prosecuting Atty. King County, King County Pros/App Unit Supervisor, Seattle, WA, for Respondent.

Douglas B. Klunder, Seattle, for Amicus Curiae on behalf of American Civil Liberties Union.

C. JOHNSON, J.

¶ 1 This case asks us to determine if RCW 43.43.754, a statute authorizing the collection of biological samples for DNA (deoxyribonucleic acid) identification purposes from those convicted of certain crimes, violates article I, section 7 of the Washington State Constitution or the Fourth Amendment. The six petitioners in these consolidated cases were convicted of felonies and, pursuant to the challenged statute, ordered to submit to compulsory...

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