THE STATE OF OHIO, Appellee,
v.
EMERSON, Appellant.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted January 18, 2012.
Decided November 1, 2012.
Attorney(s) appearing for the Case
William D. Mason, Cuyahoga County Prosecuting Attorney, and Katherine Mullin and Brian McDonough, Assistant Prosecuting Attorneys, for appellee.
Brian Moriarty, for appellant.
Michael DeWine, Attorney General, Alexandra T. Schimmer, Solicitor General, and Michael J. Hendershot, Chief Deputy Solicitor, for urging affirmance amicus curiae, Ohio Attorney General.
Supreme Court of Ohio.
CUPP, J.
{¶ 1} There are two issues presented in this case. First, when a sample of a person's DNA is lawfully obtained by the state during the course of a criminal investigation but the person is acquitted of that crime, does that person have standing to object under the Fourth Amendment to the U.S. Constitution to the retention by the state of the DNA profile obtained from that sample or its use in a subsequent criminal investigation...
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