State v. QueridoAnnotate this Case
The Supreme Court vacated the order of the superior court suppressing the DNA results of a buccal swab taken from Defendant pursuant to a valid search warrant while he was incarcerated, holding that the trial justice erred in suppressing the buccal swab evidence.
Three years after the murder of Robert Bullard Defendant was apprehended and taken into custody. A criminal complaint was filed, and Defendant was held without bail at the Adult Correctional Institutions (ACI). Thereafter, a detective obtained search warrants to collect Defendant's DNA at the ACI using a buccal swab. When Defendant refused to comply with the search warrants law enforcement officers used force to obtain the buccal swab. Defendant filed a motion to suppress the DNA evidence, which the trial court granted. The Supreme Court vacated the trial court's order, holding that the use of force was objectively reasonable because the intrusion into Defendant's Fourth Amendment interests was minimal and was far outweighed by countervailing government interests.