California Criminal Lawyers Face the Future of Criminal DNA Collection
DNA helps prove guilt or innocence in court, but the collection of DNA raises questions about privacy.
Genomics is a growing field that enables scientists to learn more about individuals, from their familial relationships to behavioral tendencies, based on their genome. DNA can also link (or not link) someone to a crime. The applications are continuing to expand with rapid DNA testing becoming more readily available.
The constantly evolving usage of DNA has led some states, including California, to challenge the current regulations regarding the collection of DNA. Your California criminal lawyers must be able to inform you about your rights regarding DNA collection and how it could impact you.
Cases Regarding DNA Collection
In 2013, the Supreme Court case Maryland v. King ruled that warrantless collection of DNA from arrestees was allowed under state law. Referencing this case, California’s law requiring DNA collection of all individuals arrested for a felony was upheld by the Ninth Circuit Court of Appeals in Haskell v. Harris.
However, this stance changed in late 2014 in People v. Buza. The California Court of Appeal ruled that California’s DNA collection violates the California Constitution. 20% of arrestees brought in on felony charges are later found not guilty, with not many rules regarding the privacy of these individuals’ DNA in place, so it’s no wonder privacy is a concern. The case also pointed out several flaws in the King case:
- California law applies to anyone arrested for a felony; Maryland specifies burglary and crimes of violence, plus probably cause must be proved
- The California system for destroying DNA records is slow; Maryland has an automated process
- Riley v. California determined searching a cell phone is a violation of privacy, but that information isn’t as personal as an individual’s genome
Buza limited the fight to state constitution, since the Supreme Court ruled the collection practices in King legal, but cases cannot be appealed to the Supreme Court if they’re decided solely on the basis of state law.
Looking for California Criminal Lawyers?
The Law Offices of Lawrence Wolf are here to help if you become involved in a criminal case. Navigating your rights and what’s expected of you is easier when you have a professional with over 40 years of experience by your side. Visit the website to request a free consultation or call (310) 277-1707.
