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9th Circuit Allows DNA Testing of Arrestees

By Riley Guerin | Mar. 2, 2012
News

Law Office Management

Mar. 2, 2012

9th Circuit Allows DNA Testing of Arrestees

California law enforcers can collect DNA samples from adults arrested for felonies but have not yet been convicted.

California law enforcers can collect DNA samples from adults arrested for felonies but have not yet been convicted, a sharply divided 9th U.S. Court of Appeals panel held, reports the Daily Journal.

Critics of the practice fear that DNAs of acquitted arrestees might later be falsely matched to a sample found at a crime scene. But upholding a decision by U.S. District Judge Charles R. Breyer of San Francisco, the 2-1 ruling found that the practice does not violate the Fourth Amendment's ban on unreasonable searches and seizures. It also affirms Proposition 69 of 2004, which makes arrestee DNA testing mandatory.
#282311

Riley Guerin

Daily Journal Staff Writer
rguerin@journaltech.com

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