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Mincey v. State

The trial court properly denied the defendant's motion to suppress DNA evidence obtained from him pursuant to a search warrant in connection with rapes and other offenses committed against five women, as there was a substantial basis for concluding that probable cause existed for the issuance of the warrant.

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Gary Mincey appeals from his convictions for rape three counts, armed robbery three counts, aggravated sexual battery, aggravated sodomy, aggravated assault two counts, false imprisonment five counts, robbery by force, and burglary, in connection with offenses committed against five women; one of the rape convictions and the aggravated sexual battery conviction along with other convictions involved offenses committed against H. W. Mincey contends that the trial court erred by denying his motion to suppress DNA evidence1 obtained from him pursuant to a search warrant, because the affidavit submitted in support of the warrant was insufficient.2 Finding no error, we affirm.

Mincey asserts that the magistrate lacked probable cause to issue the search warrant to obtain a sample of his saliva because the incident described in the affidavit which incident involved H. W. submitted in support of the warrant did not show a fair probability that law enforcement officials had obtained any biological evidence from H. W. to which his DNA sample could be compared.3

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