California Court of Appeal

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People v. Buza, A125542

In a constitutional challenge to a provision of the DNA and Forensic Identification Data Base and Data Bank Act, Pen. Code Section 295 et seq., which requires that a DNA sample be taken from all adults arrested for or charged with any felony offense, judgment of the trial court is reversed where the seizure of appellant's DNA 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.

Appellate Information

  • Decided 08/04/2011
  • Published 08/04/2011

Judges

  • Kline

Court

  • California Court of Appeal

Counsel


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