Garcia-Torres v. State
Annotate this CaseDefendant Arturo Garcia-Torres was convicted of rape, attempted rape, and two counts of burglary and was sentenced to thirty-six years in prison. Defendant challenged the use of DNA evidence gathered when police obtained a cheek swab while Defendant was in custody after the attempted rape, arguing it was an invalid search under the Fourth Amendment. The Supreme Court affirmed, concluding (1) the cheek swab was a search requiring its own separate probable cause proceedings; (2) the cheek swab was taken under a valid consent; and (3) a Pirtle warning requiring the presence and advice of counsel prior to consenting to a search was not required.
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