While the Supreme Court recently upheld the state’s right to take DNA upon arrest, attorney Byron Warnken argued, his client was not under arrest when his perspiration was swabbed without his knowledge or consent. ‘He was a regular free citizen,’ Warnken said. (The Daily Record/Maximilian Franz)
Man challenges conviction based on sweat police swabbed from his chair
By: Steve Lash Daily Record Legal Affairs WriterApril 8, 2014
The rape investigation was going into its third year when the victim suggested that the perpetrator might have been someone she knew.