Proposition Allows Police to TAKE DNA of Anyone Arrested
A lawsuit by the American Civil Liberties Union threatens to halt
collection of DNA samples from felony suspects, just as the state
begins to undertake the massive effort. Under Proposition 69, approved
in November by California voters, convicted felons and those arrested
for certain felonies are now required to give DNA by having the insides
of their cheeks swabbed. Police in Los Angeles, Alameda, Orange and San
Francisco counties have already turned in DNA samples they collected to
the state. The California Department of Corrections has started taking
samples from parolees and inmates about to leave state prison. The ACLU
filed a class-action lawsuit Dec. 7, claiming the new law is
unconstitutional because it violates a person's Fourth Amendment rights
as well as rights to due process and privacy. The group asked the
court to block the collection of DNA from people arrested on felony
charges and those who have already completed probation or parole. ACLU
officials said they're waiting for the state's response to the lawsuit.
But the action hasn't stopped the state from distributing DNA
collection kits or the police from taking samples. "If they got a court
order, we would. But right now, it's just a lawsuit," said Nathan
Barankin, spokesman for the state Attorney General's Office. The state
has distributed 55,000 buccal swab collection kits and plans to order
200,000 more, Barankin said. [more]
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