STATE v. BROWN, 124 Wn. App. 1004 (2004)

No. 52569-7-IThe Court of Appeals of Washington, Division One.
Filed: November 8, 2004 UNPUBLISHED OPINION

Appeal from Superior Court of King County. Docket No. 03-1-00320-1. Judgment or order under review. Date filed: 06/02/2003. Judge signing: Hon. Catherine D Shaffer.

Counsel for Appellant(s), Dana M Nelson, Nielsen Broman Koch PLLC, 1908 E Madison St, Seattle, WA 98122-2842.

Counsel for Respondent(s), Carla Barbieri Carlstrom, King Co Prosecutor’s Office, 516 3rd Ave Ste W554, Seattle, WA 98104-2390.

PER CURIAM.

Randolph Brown appeals the sentence imposed following his convictions for one count of assault in the third degree, domestic violence, and one count of malicious mischief in the second degree, domestic violence. He contends RCW 43.43.754 and the portion of his sentence requiring him to provide a biological sample for DNA identification violate his Fourth Amendment right against unreasonable searches. He further contends there is no authority for the collection of DNA samples via a cheek swab. These arguments were rejected in, and are controlled by, our decisions in State v. Surge, No. 51954-9-I, 2004 WL 1551561 (Wash.Ct.App. July 12, 2004) (holding that State v. Olivas, 122 Wn.2d 73, 856 P.2d 1076 (1993) is controlling on the Fourth Amendment issue) and State v. S.S., No. 52916-1 (Wash.Ct.App. July 26, 2004) (holding that cheek swabs are an authorized method of collecting biological samples).

Affirmed.

GROSSE, J., COX, C.J. and ELLINGTON, A.C.J.