P. v. Bracey
A decision regarding forcible rape after the trial court denied defendant's motion to suppress evidence (Pen. Code, § 1538.5). Defendant contends that evidence linking him to the rape should have been suppressed because it was obtained from blood and saliva samples previously taken from him for DNA identification purposes, and the taking of the samples violated the Fourth Amendment to the United States Constitution. Court disagree and affirm because it is well settled that the taking of blood and saliva for DNA identification under California statutory law (Pen. Code, § 296 et seq.) does not violate the Fourth Amendment.
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