California Court of Appeal

On remand from the California Supreme Court, this case involves the constitutionality of a provision of the DNA and Forensic Identification Data Base and Data Bank Act, as amended, which requires that a DNA sample be taken from all adults arrested for or charged with any felony offense immediately following arrest or as soon as administratively practicable after arrest. Judgment of conviction under the DNA Act is reversed, where Article I, Section 13 of the California Constitution prohibits the seizure of defendant’s DNA shortly after his arrest, at a time 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.

Appellate Information

• Decided 12/03/2014
• Published 12/03/2014

Judges

• Kline

Court

• California Court of Appeal

Counsel