{"id":5867,"date":"2011-12-28T17:58:44","date_gmt":"2011-08-05T06:17:10","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-05T06:17:10","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5867","title":{"rendered":"Cal.1: Taking DNA from arrestee on PC but without judicial authorization violated Fourth Amendment"},"content":{"rendered":"<p>Taking DNA from an arrestee still entitled to the presumption of innocence without judicial authorization violated the Fourth Amendment. <a href=\"http:\/\/www.courtinfo.ca.gov\/opinions\/documents\/A125542.PDF\">People v. Buza<\/a>, 197 Cal. App. 4th 1424, 129 Cal. Rptr. 3d 753 (1st Dist. 2011), Modified by, 2011 Cal. App. LEXIS 1149 (Cal. App. 1st Dist., Aug. 31, 2011):<\/p>\n<blockquote><p>The sole issue in this case is the constitutionality of a provision of the DNA and Forensic Identification Data Base and Data Bank Act of 1998, as amended (Pen. Code, \u00a7 295 et seq.) (the DNA Act), which requires that a DNA sample be taken from all adults arrested for or charged with any felony offense &#8213;immediately following arrest, or during the booking &#8230; process or as soon as administratively practicable after arrest &#8230; (\u00a7\u00a7 296.1, subd. (a)(1)(A), 296, subd. (a)(2)(C).) Appellant claims that the seizure of his DNA at a time when he was entitled to the presumption of innocence, and there had been no judicial determination of probable cause to believe he committed the offense for which he was arrested, violated his Fourth Amendment right to be free from unreasonable searches and seizures. We agree, and therefore reverse the judgment.<\/p><\/blockquote>\n<p>This is a detailed and scholarly opinion. I highly recommend it because it rejects the DNA as mere fingerprint analogy which was adopted by the <a href=\"http:\/\/fourthamendment.com\/blog\/index.php?blog=1&amp;title=ca3_taking_dna_on_arrest_does_not_violat&amp;more=1&amp;c=1&amp;tb=1&amp;pb=1\">Third Circuit just two weeks ago<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=5867\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5867","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5867","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5867"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5867\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5867"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5867"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5867"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}