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GARCIA-TORRES v. STATE

No. 64S03-0912-CR-550.

949 N.E.2d 1229 (2011)

Arturo GARCIA-TORRES, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 30, 2011.

Attorney(s) appearing for the Case

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

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

On Petition to Transfer from the Indiana Court of Appeals, No. 64A03-0812-CR-630.

SHEPARD, Chief Justice.

Arturo Garcia-Torres was convicted of rape, attempted rape, and two counts of burglary and was sentenced to thirty-six years in prison. Garcia-Torres challenges the use of DNA evidence gathered when police obtained a cheek swab. The parties having passed over the question whether the swab was a search requiring separate probable cause, we analyze the...

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