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STATE v. SANDERS

(CC 011137484; CA A122330; SC S53056).

163 P.3d 607 (2007)

343 Or. 35

STATE of Oregon, Respondent on Review, v. Travis Ray SANDERS, Petitioner on Review.

Supreme Court of Oregon.

Decided June 21, 2007.

Attorney(s) appearing for the Case

Susan F. Drake, Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender.

Mary H. Williams, Solicitor General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Janet A. Klapstein, Assistant Attorney General.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, and KISTLER, Justices.

GILLETTE, J.

This criminal case presents the issue whether a state statute mandating the collection of blood or buccal samples for purposes of DNA profiling from all persons convicted of felonies violates either the state or federal constitutional prohibitions against unreasonable searches and seizures. The Court of Appeals upheld a trial court order requiring the defendant to submit a blood or buccal sample as a condition of his probation. State v. Sanders,

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