ACLU to challenge California initiative on DNA collection
Wednesday, November 17, 2004 at 06:19PM
TheSpook
Opponents said Thursday they will sue to block a voter-approved measure
expanding California's DNA database to all suspected felons regardless
of whether they are convicted. But state officials said they are moving
ahead to implement Proposition 69, favored by nearly two-thirds of
voters Tuesday. The same battle was fought 90 years ago when
fingerprints first came into use as identifiers, and opponents have
lost every legal challenge since, said Bruce Harrington, who bankrolled
the initiative 24 years after his brother and sister-in-law were slain.
"We're going to take your mug shot, we're going to take your
fingerprint, and now we're going to take your DNA ?fingerprint,'"
Harrington said. Beginning in 2009, the initiative requires that the
state take samples of genetic material from anyone arrested on
suspicion of committing a felony, even if they are never charged or
convicted. Anyone acquitted or never charged could eventually petition
to have the sample destroyed, although there are two other provisions
in existing law that call for the samples to be removed from the
records automatically after a time without a conviction. The American
Civil Liberties Union estimates that 50,000 Californians a year are
arrested but not convicted. The group says collecting the samples at
the time of arrest runs counter to the American system of presuming
innocence until guilt is proved. [more]
Article originally appeared on (http://brownwatch.com/).
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