Friday, August 5, 2011

Collecting DNA from Arrestees Is Unconstitutional, First District Rules

A California law that mandates DNA samples be taken from felony arrestees is unconstitutional, a state appeal court ruled Thursday.

'The question this case presents, which is increasingly presented to the courts of this state and nation, is the extent to which technology can be permitted to diminish the privacy guaranteed by the Fourth Amendment,' wrote First District Justice J. Anthony Kline.

California voters amended the state's DNA Act in 2004. Among other things, the change required law enforcement officials — starting in January 2009 — to take DNA samples from any adult arrested for or charged with any felony.

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