Fear Not Law Articles: People v. Johnson ( Part III )

People v

People v. Johnson

Filed 5/25/06

CERTIFIED FOR PARTIAL PUBLICATION^*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

MICHAEL JOHNSON,

Defendant and Appellant.

F046939

(Super. Ct. No. CRF03104729)

OPINION

APPEAL from a judgment of the Superior Court of Tulare County. Gerald F. Seiver, Patrick J. O'Hara and Paul A. Vortmann, Judges.

Robert D. Bacon, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, J. Robert Jibson and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.

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Story continue from Part II â€¦â€¦

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Description	A "cold hit" from a DNA database where the suspect is first identified by a database search or "trawl" is not subject to the Kelly-Frye standard of admissibility when it is used merely to identify a possible suspect. Warrantless collection of blood samples and saliva from inmate convicted of sexual offense under aggravated circumstances for use in DNA database does not violate Fourth Amendment right against unreasonable search and seizure.
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