State v. Surge, 160 Wash. 2d 65 (2007) | Supreme Court of Washington 2007 | LawTools

Summary

The Washington Supreme Court held that RCW 43.43.754, which requires certain convicted individuals to provide biological samples for DNA identification, does not violate article I, section 7 of the Washington Constitution or the Fourth Amendment. The court concluded that incarcerated convicted felons have minimal privacy interests in their identities and that DNA collection for identification purposes is analogous to fingerprinting. The court affirmed the Court of Appeals.

Holdings

Compelled collection of DNA from convicted felons for identification purposes does not disturb a private affair protected by article I, section 7 of the Washington Constitution.
Compelled collection of DNA from persons convicted of felonies under RCW 43.43.754 does not violate the Fourth Amendment.

Questions Presented

Whether compulsory DNA sampling of convicted persons under RCW 43.43.754 disturbs a private affair protected by article I, section 7 of the Washington Constitution.
Whether compulsory DNA sampling of convicted persons under RCW 43.43.754 constitutes an unreasonable search prohibited by the Fourth Amendment.
Whether intervening United States Supreme Court decisions undermined the Washington Supreme Court's prior Fourth Amendment analysis in State v. Olivas.

Disposition

affirmed

Cases Cited (24)

State v. Carter, 151 Wn.2d 118, 85 P.3d 887 (2004)(followed)
State v. McKinney, 148 Wn.2d 20, 60 P.3d 46 (2002)(followed)
State v. Jackson, 150 Wn.2d 251, 76 P.3d 217 (2003)(followed)
State v. Young, 123 Wn.2d 173, 867 P.2d 593 (1994)(followed)
State v. Myrick, 102 Wn.2d 506, 688 P.2d 151 (1984)(followed)
State v. Simpson, 95 Wn.2d 170, 622 P.2d 1199 (1980)(limited)
State v. Cheatam, 150 Wn.2d 626, 81 P.3d 830 (2003)(followed)
State v. Gunwall, 106 Wn.2d 54, 720 P.2d 808 (1986)(distinguished)
State ex rel. Gallwey v. Grimm, 146 Wn.2d 445, 48 P.3d 274 (2002)(followed)
Kuehn v. Renton School District No. 403, 103 Wn.2d 594, 694 P.2d 1078 (1985)(distinguished)

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State v. Surge