Lawsuit may halt California DNA collection
/Proposition Allows Police to TAKE DNA of Anyone Arrested
A lawsuit by the American Civil Liberties Union threatens to halt collection of DNA samples from felony suspects, just as the state begins to undertake the massive effort. Under Proposition 69, approved in November by California voters, convicted felons and those arrested for certain felonies are now required to give DNA by having the insides of their cheeks swabbed. Police in Los Angeles, Alameda, Orange and San Francisco counties have already turned in DNA samples they collected to the state. The California Department of Corrections has started taking samples from parolees and inmates about to leave state prison. The ACLU filed a class-action lawsuit Dec. 7, claiming the new law is unconstitutional because it violates a person's Fourth Amendment rights as well as rights to due process and privacy. The group asked the court to block the collection of DNA from people arrested on felony charges and those who have already completed probation or parole. ACLU officials said they're waiting for the state's response to the lawsuit. But the action hasn't stopped the state from distributing DNA collection kits or the police from taking samples. "If they got a court order, we would. But right now, it's just a lawsuit," said Nathan Barankin, spokesman for the state Attorney General's Office. The state has distributed 55,000 buccal swab collection kits and plans to order 200,000 more, Barankin said. [more]
A lawsuit by the American Civil Liberties Union threatens to halt collection of DNA samples from felony suspects, just as the state begins to undertake the massive effort. Under Proposition 69, approved in November by California voters, convicted felons and those arrested for certain felonies are now required to give DNA by having the insides of their cheeks swabbed. Police in Los Angeles, Alameda, Orange and San Francisco counties have already turned in DNA samples they collected to the state. The California Department of Corrections has started taking samples from parolees and inmates about to leave state prison. The ACLU filed a class-action lawsuit Dec. 7, claiming the new law is unconstitutional because it violates a person's Fourth Amendment rights as well as rights to due process and privacy. The group asked the court to block the collection of DNA from people arrested on felony charges and those who have already completed probation or parole. ACLU officials said they're waiting for the state's response to the lawsuit. But the action hasn't stopped the state from distributing DNA collection kits or the police from taking samples. "If they got a court order, we would. But right now, it's just a lawsuit," said Nathan Barankin, spokesman for the state Attorney General's Office. The state has distributed 55,000 buccal swab collection kits and plans to order 200,000 more, Barankin said. [more]
