California, United States of America
The following excerpt is from People v. Palacio, C075901 (Cal. App. 2016):
Defendant's suppression motion was based solely on his argument that his arrest was not for a serious crime for which DNA collection is allowed under Maryland v. King (2013) ___ U.S. ___ [186 L.Ed.2d 1]. On appeal, he argues for the first time the prosecution did not meet its burden of proof in establishing probable cause for his prior arrest and insufficient evidence was provided to show when his DNA was collected. The argument has not been preserved for review because it was not first raised in the trial
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