Big news coming out of California today as the Court of Appeals struck down a law requiring every adult arrested on a felony charge to submit a DNA sample.
In the People v. Mark Buza, the court held that the Forensic Identification Data Base and Data Bank Act of 1998 (“DNA Act”) violated the Fourth Amendment right to be free from unreasonable searches and seizures.
“What the DNA Act authorizes is the warrantless and suspicionless search of individuals, before a judicial determination of probable cause to believe they have committed a crime, for evidence of crime unrelated to that for which they have been arrested[.]”
The court rejected an argument by the attorney general that the DNA Act was an effective crime-solving tool. While California is not the only state to have a statute like this on the books, it is certainly one of the first to hold that the DNA collection violates an individual’s right to privacy.
Despite this ruling, those arrested for federal crimes must still submit a DNA sample.
https://quicklawyeronline.com/blog/
In the People v. Mark Buza, the court held that the Forensic Identification Data Base and Data Bank Act of 1998 (“DNA Act”) violated the Fourth Amendment right to be free from unreasonable searches and seizures.
“What the DNA Act authorizes is the warrantless and suspicionless search of individuals, before a judicial determination of probable cause to believe they have committed a crime, for evidence of crime unrelated to that for which they have been arrested[.]”
The court rejected an argument by the attorney general that the DNA Act was an effective crime-solving tool. While California is not the only state to have a statute like this on the books, it is certainly one of the first to hold that the DNA collection violates an individual’s right to privacy.
Despite this ruling, those arrested for federal crimes must still submit a DNA sample.
https://quicklawyeronline.com/blog/
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