9th Circuit May Toss State's DNA Collection Law
DNA and privacy issue are discussed in this article. In the PHL, we have no DNA mandatory collection law for arrested/convicted felons unlike in the case of USA.
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The issue before the court revolves around the expectation of privacy that people have in their DNA. California passed a voter initiative in 2004 mandating DNA testing of anybody convicted of a felony. Prop 69, enacted in 2009, expanded testing to anyone arrested for a felony. Testing is done via a cheek swab — a process the state says is no more invasive than brushing one's teeth — before a suspect is released from custody. A small part of the DNA sample that marks a person's identity, not containing known genetic traits, is analyzed and compared to DNA samples from other crime scenes. If a person is never charged, he or she may petition for expungement of the sample, but only after the statute of limitations on the crime has run and with the consent of the district attorney.
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