With our free press under threat and federal funding for public media gone, your support matters more than ever. Help keep the LAist newsroom strong, become a monthly member or increase your support today.
Federal appeals court agrees to review California's DNA collection law
DNA testing in a lab. A federal appeals court has agreed to hear a challenge to California’s practice of collecting DNA samples from anyone arrested for a felony.
(
freakpower/KPCC
)
Listen
1:03
Federal appeals court agrees to review California's DNA collection law
A federal appeals court has agreed to hear a challenge to California’s practice of collecting DNA samples from anyone arrested for a felony. That practice started three years ago, after the approval of Proposition 69.
The measure requires police to collect DNA swabs from any adult arrested for a felony — whether or not they end up being convicted. Prosecutors and police say it helps them identify suspects and link them to other crimes, comparing the practice to taking fingerprints.
Opponents, including the American Civil Liberties Union (ACLU), argue that taking DNA samples from people not convicted of a crime violates the U.S. Constitution’s prohibition on unreasonable search and seizure.
"California has the most draconian DNA database system in the country,” ACLU attorney Julia Harumi said in a statement when the group filed its challenge.
Sponsored message
"DNA is much more than a fingerprint," said Maya Harris, director of the ACLU's Racial Justice Project. "It opens a genetic window that reveals intimate information about you and your family, including predispositions to Alzheimer's disease, depression, multiple sclerosis and cancer."
"Law enforcement should not be allowed to seize that personal, private information when you haven't even been charged with a crime," she said.
In arguing to uphold Proposition 69, a court filing by the office of California Attorney General Kamala Harris pointed to rulings by other federal appeals courts:
"In addition to establishing identity, the Third Circuit noted that 'DNA profiling assists the government in accurate criminal investigations and prosecutions' as well as in solving past crimes," the filing reads. "These interests, the Court concluded, outweigh the arrestee’s interest in the privacy of his identity."
People not ultimately convicted can ask the California Department of Justice or a judge to order their DNA sample removed from the state criminal database — but the ACLU says this is a difficult and lengthy process.
A three-judge panel of the Ninth U.S. Circuit Court of Appeals voted two to one to uphold Prop 69, but an 11-member panel has agreed to review the decision.
At LAist, we believe in journalism without censorship and the right of a free press to speak truth to those in power. Our hard-hitting watchdog reporting on local government, climate, and the ongoing housing and homelessness crisis is trustworthy, independent and freely accessible to everyone thanks to the support of readers like you.
But the game has changed: Congress voted to eliminate funding for public media across the country. Here at LAist that means a loss of $1.7 million in our budget every year. We want to assure you that despite growing threats to free press and free speech, LAist will remain a voice you know and trust. Speaking frankly, the amount of reader support we receive will help determine how strong of a newsroom we are going forward to cover the important news in our community.
We’re asking you to stand up for independent reporting that will not be silenced. With more individuals like you supporting this public service, we can continue to provide essential coverage for Southern Californians that you can’t find anywhere else. Become a monthly member today to help sustain this mission.
Thank you for your generous support and belief in the value of independent news.
But the game has changed: Congress voted to eliminate funding for public media across the country. Here at LAist that means a loss of $1.7 million in our budget every year. We want to assure you that despite growing threats to free press and free speech, LAist will remain a voice you know and trust. Speaking frankly, the amount of reader support we receive will help determine how strong of a newsroom we are going forward to cover the important news in our community.
We’re asking you to stand up for independent reporting that will not be silenced. With more individuals like you supporting this public service, we can continue to provide essential coverage for Southern Californians that you can’t find anywhere else. Become a monthly member today to help sustain this mission.
Thank you for your generous support and belief in the value of independent news.
Senior Vice President News, Editor in Chief
