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MATTER OF H. K. D. S.

A163158.

469 P.3d 770 (2020)

305 Or. App. 86

In the MATTER OF H. K. D. S., a Youth. State of Oregon, Respondent, v. H. K. D. S., Appellant.

Court of Appeals of Oregon, En Banc.

Resubmitted en banc January 15, 2020.

July 1, 2020.

Attorney(s) appearing for the Case

Christa Obold Eshleman argued the cause and filed the briefs for appellant.

Jonathan N. Schildt, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Egan, Chief Judge, and Armstrong, Ortega, DeVore, Lagesen, Tookey, DeHoog, Shorr, James, Aoyagi, Powers, Mooney, and Kamins, Judges.

Does Article I, section 9, of the Oregon Constitution permit law enforcement officers investigating a crime to obtain a DNA sample from a juvenile suspect without a warrant if the child's parents consent to the search but the child does not? If it does, does the Fourth Amendment to the United States Constitution do the same? We took...

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