Thomas

*340 Opinion

Defendant Troy Corsby Thomas appeals from the denial of his motion to suppress evidence under Penal Code section 1538.5. 1 He contends that the deoxyribonucleic acid (DNA) testing of saliva he deposited on the mouthpiece of a preliminary alcohol screening (PAS) device constituted an illegal search. We disagree and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

Defendant was a suspect in a series of residential burglaries that occurred between 2006 and 2008. Genetic material was collected in five of these burglaries. A witness to a sixth burglary picked defendant’s photograph from a six-pack photographic lineup. In November 2007, police received an anonymous tip about defendant and placed him under surveillance. On December 1, 2008, he was stopped for traffic violations. His eyes were bloodshot and watery. Defendant performed sobriety tests and consented to a PAS breath test that required him to place his mouth over the plastic tip of the PAS device and blow into it. Defendant was let go after passing all tests, but instead of discarding the mouthpiece of the PAS device, the police preserved it for DNA testing. The DNA profile derived from the mouthpiece linked…