9th Circuit Takes New Look at DNA Collection
Opponents of California’s mandatory DNA collection statute told an en banc panel of the 9th Circuit that the law violates the constitutional rights of people who are arrested but never charged.
The 9th Circuit, which has reviewed the law twice already, was prompted to take a third look by a US Supreme Court ruling in June that upheld the constitutionality of a similar law passed by Maryland voters.
Elizabeth Haskell, who was arrested at a 2009 peace rally for allegedly obstructing a police officer, challenged the law, which requires anyone arrested or charged with a felony to submit to DNA sampling.
Her class action lawsuit claims that the sampling constitutes an illegal seizure of genetic information and violates her due process rights. She says that police told her she would be charged with a separate misdemeanor when she refused to let authorities swab the inside of her cheek, the typical method officers use to collect DNA.
More: Courthouse News Service