BALTIMORE (AP) — Maryland prosecutors are declining to reply to a convicted rapist’s request that the U.S. Supreme Court overturn his conviction and 100-year prison sentence.

The Daily Record reports that Maryland Attorney General Brian Frosh has essentially opted to wait and see if the nation’s highest court has enough interest in the appeal to ask the state to respond.

Glenn Raynor says police violated his rights by testing DNA in sweat collected from a chair he had been sitting in during a voluntary interview at a police barracks. The DNA linked Raynor to the rape.

Raynor argues that gathering his sweat without his knowledge or a warrant violates his constitutional right against unreasonable searches. Maryland’s top court ruled in August that the DNA test was merely a method of gathering identifying information.

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