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Court OKs Calif. Practice of Taking DNA Samples of Felony Suspects

March 20, 2014  | 

A federal appeals court Thursday upheld the constitutionality of California’s practice of taking and storing DNA profiles from anyone arrested on suspicion of a felony.

An 11-judge panel of the U.S. 9th Circuit Court of Appeals said a Supreme Court decision upholding a similar, but narrower, program in Maryland was “fatal” to the challenge of California’s practice.

The Supreme Court, in Maryland vs. King, concluded last year that taking DNA samples was akin to taking fingerprints and a legitimate part of the police booking process.

The ACLU of Northern California argued that California’s program differed significantly from Maryland’s, the Los Angeles Times reports.

Maryland destroys the genetic evidence from those who are not convicted, while California puts the burden on such individuals to apply to have their DNA profiles expunged. Otherwise, California stores the genetic profiles indefinitely in a criminal database used by law enforcement to match evidence left at a crime scene with possible suspects.

Comments (2)

Displaying 1 - 2 of 2

Capt. Crunch @ 3/20/2014 3:20 PM

Our government should ignore the ACLU, because the ACLU helps only criminals and uses tax payer money. Whenever the ACLU wins a case we the tax payers pay and this my friends is BS.

Ima Leprechaun @ 3/22/2014 4:41 AM

Just a few constitutional violations here the 4th, 5th, 6th, 8th and 14th amendments are all being blatantly violated. An arrest is not a conviction and once convicted then the Constitution is ok with taking DNA samples but not before. Bloggers are big about the constitution when it's their rights being violated but when it's someone else they throw the paper its printed on away. If you want to have them all follow them all. Being in a criminal data base for life is a conviction without a trial and a very unreasonable search without probable cause.

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