Is the use of a buccal swab to collect a sample of cells for DNA analysis a "search" subject to the restraints of the Fourth Amendment?

The use of a buccal swab to collect a sample of cells for DNA analysis is a "search" subject to the restraints of the Fourth Amendment prohibition against unreasonable searches and seizures. (King, supra, 133 S.Ct. at p. 1963.) We review de novo the legal question of whether a search violated the Fourth Amendment, but defer to the underlying factual determinations of the trial court that are supported by substantial evidence. (People v. Redd (2010) 48 Cal.4th 691, 719.)

Subject to a few limited and well-defined exceptions, searches conducted without a warrant are per se unreasonable and unconstitutional. (Missouri v. McNeely (2013) 133 S.Ct. 1552, 1558; People v. Jones (2014) 231 Cal.App.4th 1257.) However, an individual may consent to a warrantless search, thereby waiving his or her Fourth

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Amendment rights. (People v. Bravo (1987) 43 Cal.3d 600, 606, 610.) A condition of probation requiring such consent is valid and permits an officer to conduct a warrantless search without violating the Fourth Amendment, so long as the search is within the scope of the condition and is not arbitrary, capricious or harassing. (Bravo at pp. 606, 610.) In determining whether a specific search is included within the scope of a probation condition requiring the probationer to consent to warrantless searches, the court applies an objective standard and considers what a reasonable person would understand from the language of the condition. (Id. at pp. 606-607.)