Arizona Attorney General's Office, Phoenix, By Michael O'Toole & Alice M. Jones , Amicus Counsel for Arizona Attorney General's Office in Support of Appellant.
Arizona Attorneys for Criminal Justice, Tucson, By David J. Euchner & Grant D. Wille , Amicus Counsel for Arizona Attorneys for Criminal Justice in Support of Appellee.
American Civil Liberties Union Foundation of Arizona, Phoenix, By Jared G. Keenan , Amicus Counsel for ACLU of Arizona in Support of Appellee.
American Civil Liberties Union Foundation, New York, By Vera Eidelman (argued), Pro Hac Vice, Amicus Counsel for American Civil Liberties Union in Support of Appellee.
Presiding Judge Paul J. McMurdie delivered the Court's opinion, in which Judge Michael J. Brown joined. Judge Michael S. Catlett specially concurred.
OPINION
McMURDIE, Judge:
¶1 The State appeals from the superior court's order suppressing Mitcham's DNA profile. The State argues that developing a DNA profile from blood lawfully in its possession does not constitute a search under the Fourth Amendment. In the alternative, the State argues that, under the circumstances, the use of...
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