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State v. White, 2016 UT App 241 (Dec. 15, 2016)

Dec 15, 2016

Appealing convictions of aggravated burglary and aggravated assault, the defendant argued an order authorizing force in obtaining a DNA sample violated his right to be free of unreasonable searches and seizures.  Affirming, the Court of Appeals held the district court acted within its discretion when it authorized use of force in obtaining a buccal swab under Rule 16, where probable cause supported retrieval of the DNA.