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GARCIA-TORRES v. STATE

No. 64A03-0812-CR-630.

914 N.E.2d 268 (2009)

Arturo GARCIA-TORRES, Appellant/Defendant, v. STATE of Indiana, Appellee/Plaintiff.

Court of Appeals of Indiana.

September 30, 2009.

Attorney(s) appearing for the Case

Kurt R. Earnst, David K. Payne, Michigan City, IN, Attorneys for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Scott L. Barnhart, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BRADFORD, Judge.

Appellant/Defendant Arturo Garcia-Torres appeals from his convictions for Rape,1 two counts of Burglary,2 and Attempted Rape,3 all as Class B felonies. Concluding that (1) the taking of a cheek swab for purposes of extracting a DNA profile is a search requiring reasonable suspicion, and not probable cause, under the Indiana and federal constitutions...

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