Commonwealth v. Smith
164 A.3d 1255
| Pa. Super. Ct. | 2017Background
- Appellant David Smith was convicted of first-degree murder, robbery, and carrying a firearm without a license; sentenced to life imprisonment. He appealed from denial of a suppression motion.
- Police seized Smith’s shoes incident to a lawful arrest and recovered a stained t‑shirt from a search warrant at his girlfriend’s residence; buccal swabs were obtained pursuant to a separate warrant.
- The Commonwealth performed DNA testing on the shirt and shoes (bloodstains) and compared results to the buccal swab.
- Smith moved to suppress the results of warrantless DNA testing, arguing DNA analysis is a separate search that can reveal private medical information and therefore requires a warrant.
- The trial court denied suppression; the Superior Court reviewed whether warrantless testing of lawfully seized physical evidence (and testing of a buccal swab taken under warrant) violated the Fourth Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrantless DNA analysis of lawfully seized items (shirt, shoes) and testing of a buccal sample required a separate warrant beyond lawful seizure or a warrant authorizing collection | Commonwealth: No separate warrant needed; testing of lawfully seized evidence for identification is routine and reasonable; buccal swab was taken under warrant that authorized DNA comparison | Smith: DNA can reveal sensitive physiological and medical information; analysis is a separate search implicating privacy rights and therefore requires a specific warrant | Court affirmed denial of suppression: no protectable privacy interest in DNA used for identification; testing of lawfully seized items does not require separate warrant; buccal swab had a warrant authorizing DNA comparison |
Key Cases Cited
- Commonwealth v. Jones, 121 A.3d 524 (Pa. Super. 2015) (standard of review for suppression motions)
- In re L.J., 79 A.3d 1073 (Pa. 2013) (review limited to suppression record)
- Commonwealth v. Ingram, 814 A.2d 264 (Pa. Super. 2002) (search incident to lawful arrest supports seizure of clothing)
- Commonwealth v. Stallworth, 781 A.2d 110 (Pa. 2001) (discussion of seizure of clothing and subsequent testing)
- Commonwealth v. Aljoe, 216 A.2d 50 (Pa. 1966) (seizure of clothing incident to arrest)
- United States v. Davis, 690 F.3d 226 (4th Cir. 2012) (DNA can reveal physiological/medical information)
- United States v. Mitchell, 652 F.3d 387 (3d Cir. 2011) (discusses DNA collection and identification rationale)
- Commonwealth v. Barton, 690 A.2d 293 (Pa. Super. 1997) (reasonable expectation of privacy in medical records)