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DNA Collection Law in California Put to Legal Test

A contentious legal contest is shaping up in the Sunshine State to try and halt the DNA testing of anyone arrested - however not yet convicted - of a felony. The challenge to California’s state law comes on the heels of a recent Supreme Court ruling allowing a similar law in Maryland to continue. In the 5-4 ruling by the high court, the constitutionality of Maryland’s law to collect DNA samples from those arrested for a felony investigation as part of their routine booking process, was narrowly upheld. While the Maryland law is different in that it only targets those being arrested for felonies, it created a baseline for which many states are moving to vastly expand DNA testing for law enforcement use in the wake of the ruling.

A contentious legal contest is shaping up in the Sunshine State to try and halt the DNA testing of anyone arrested – however not yet convicted – of a felony. The challenge to California’s state law comes on the heels of a recent Supreme Court ruling allowing a similar law in Maryland to continue. In the 5-4 ruling by the high court, the constitutionality of Maryland’s law to collect DNA samples from those arrested for a felony investigation as part of their routine booking process, was narrowly upheld. While the Maryland law is different in that it only targets those being arrested for felonies, it created a baseline for which many states are moving to vastly expand DNA testing for law enforcement use in the wake of the ruling.

California law expands of Supreme Court ruling

Civil liberty advocates including the ACLU (American Civil Liberties Union) are up in arms in California over the proposed law. The California law is a much broader threat to the rights of citizens according to advocates for its suspension, because the law allows for DNA collection from anyone arrested for any reason whether felony or a simple misdemeanor. Sample collection is carried out using oral swabs, in a method that is quick and painfree > get additional information. Advocates say the collection and retention of the most personal and basic human genetic material is a clear violation of constitutional protections American’s have against unusual search and seizure.

A clear distinction from the Maryland law and the subsequent vindication by the US Supreme Court, is that it can only be used in serious felonies a