One year ago, Congress defunded public media. Now that we're 100% community funded, please become a sustaining member or increase your existing membership today.
This archival content was originally written for and published on KPCC.org. Keep in mind that links and images may no longer work — and references may be outdated.
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.
"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:
Sponsored message
"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.
One year ago, Congress voted to defund public media, eliminating a critical $1.7 million from our budget every year going forward. But they couldn’t silence us, and we’re not going anywhere. LAist is now 100% community funded and that means we’re taking our future into our own hands and turning to you to keep local reporting strong.
You come to LAist because you want independent reporting and trustworthy local information. Our nonprofit newsroom doesn’t answer to shareholders looking to turn a profit. Instead, we answer to you and our communities. We are free to follow facts wherever they lead and to hold power to account without fear or favor. Our only loyalty is to our readers and listeners and our mission: to inform, engage, and strengthen Southern California’s communities.
If this story helped you, please become a monthly member today to help sustain this mission. It just takes 1 minute to donate below.
You come to LAist because you want independent reporting and trustworthy local information. Our nonprofit newsroom doesn’t answer to shareholders looking to turn a profit. Instead, we answer to you and our communities. We are free to follow facts wherever they lead and to hold power to account without fear or favor. Our only loyalty is to our readers and listeners and our mission: to inform, engage, and strengthen Southern California’s communities.
If this story helped you, please become a monthly member today to help sustain this mission. It just takes 1 minute to donate below.
Senior Vice President News, Editor in Chief
