An appeals court has ruled that police can take DNA samples without a search warrant from any individual lawfully arrested on a felony charge.
The California Court of Appeal based in San Diego has ruled that retrieval of a DNA sample following a felony arrest is permissible without a search warrant. The decision upheld the constitutionality of the 2004 amendment to the DNA Act permitting this activity, which was passed by California voters as part of Proposition 69.
This decision comes after the United States Supreme Court ruled earlier this year in Maryland v. King that such practices are permitted by the Fourth Amendment.
This case represents another step in the erosion of Fourth Amendment rights against unreasonable searches and seizures.
Summary of the Holding
Statutory amendment authorizing the mandatory and warrantless collection and analysis of buccal swab DNA samples from felony arrestees does not violate the Fourth Amendment.
People v. Lowe – filed November 11, 2013, publication ordered December 4, 2013, Fourth District, Div. One
The link to the court’s full opinion is here: http://www.metnews.com/sos.cgi?1213//D059007
