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DNA Law Being Challenged in the Appellate Court

By Walin & Klarich

The usage of DNA evidence has been in the media lately because of the arrest of the alleged Grim Sleeper. In that case, the police found the alleged serial killer?s DNA from a discarded pizza slice and was able to track him down using a familial DNA search. California voters approved the state DNA program by passing Proposition 69 in 2004. The law required that people arrested for a felony must provide DNA samples to be stored in a criminal database accessible to law enforcement agencies. The DNA sample must be submitted even before they are convicted. ACLU filed a challenge to the law last year in federal court, contending that the Fourth Amendment?s guarantee against unreasonable search and seizure bars mandatory DNA testing of individuals arrested of a felony, without suspicion or warrant, before being convicted...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 27, 2010 (boomark / email).