KS: Exigent circumstances justified taking DNA swabs from handcuffed defendant

Exigent circumstances justified DNA swabs from the defendant at the time of his arrest with probable cause for rape, even though he was handcuffed behind his back. State v. Parker, 48 Kan. App. 2d 68, 282 P.3d 643 (2012):

An officer testified that even though Parker was handcuffed, he could have wiped his hand on his pants before officers could get a warrant, potentially destroying fragile DNA evidence. Parker suggests that officers instead could have monitored him for however long it took to locate a judge and get a search warrant. But even a momentary slipup might result in the destruction of evidence. The district court properly concluded that the officer reasonably believed there was a threat of imminent loss or destruction of evidence if the swabs weren’t taken immediately. The district court thus properly denied the motion to suppress the DNA evidence and properly admitted that evidence.