Varriale v. State
96 A.3d 793
Md. Ct. Spec. App.2014Background
- Varriale voluntarily provided DNA to police to clear himself in an alleged rape; the DNA later revealed involvement in an unrelated burglary.
- Consent form ambiguously authorizes use of DNA for future prosecutions, but not clearly limited to the rape investigation.
- DNA samples were collected on July 10, 2012 (saliva and penile swab) and analyzed by the county crime lab.
- A DNA profile from the sample was uploaded into state/county databanks and matched to the burglary evidence without informing Varriale or consulting investigators.
- Varriale was charged with burglary based on the DNA; suppression motion denied; he pled guilty to burglary in the second degree and was sentenced to four years with time served, plus two years’ probation; appeal followed.
- The issue on appeal concerns (a) whether retention/usage of his DNA after exoneration was an unreasonable search, and (b) whether the Maryland DNA Collection Act permits retention of DNA from someone cleared of suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether retention/use of DNA after exoneration violated the Fourth Amendment | Varriale argues consent did not cover unrelated prosecutions | State contends no warrant needed for re-examining lawfully obtained DNA | No Fourth Amendment violation; re-examination of validly obtained DNA is not a search needing a warrant |
| Whether the DNA Collection Act permits retention of DNA from a person cleared of suspicion | Act expungement should apply to volunteers not charged | Act applies only to those who are charged or convicted; volunteers fall outside expungement | Act does not apply to Varriale; expungement not triggered; retention permissible under the Act as interpreted |
Key Cases Cited
- Maryland v. King, 569 U.S. _ (2013) (reexamination of validly obtained DNA not a search)
- Williamson v. State, 413 Md. 521 (2010) (re-examination of a lawfully obtained sample; no warrant required)
- Wilson v. State, 132 Md. App. 510 (2000) (DNA sampling and subsequent use in investigations)
- Doe v. Montgomery Cnty. Bd. of Elections, 406 Md. 697 (2008) (statutory interpretation—expungement context)
- State v. Raines, 383 Md. 1 (2004) (DNA collection/expungement history)
- Raynor v. State, 201 Md. App. 209 (2011) (DNA databases and related procedures)