Justice Neary
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DEFENDANT was charged with burglary, among other things. Prosecutors cross-moved for buccal swab samples to generate a DNA profile to either include or exclude defendant from evidence recovered from the crime scene. The court concluded that prosecutors provided the court with sufficient information to establish probable cause that defendant committed the crimes charged. It found that substantial evidence was provided to give a clear indication the buccal swab sample would supply relevant material evidence. Also, the court concluded the substantial factual predicates set forth in the prosecutors’ application outweighed defendant’s constitutional right to be free of bodily intrusion, especially when same was as minimal as an oral swab. Thus, it granted prosecutors’ application seeking an order compelling defendant to permit the taking of the buccal cell samples.
