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CA Court Declares DNA Act Unconstitutional

GENETIC PRIVACY—U.S.

August 10, 2011

The First District Court of Appeal in San Francisco has overturned a voter-approved proposition that requires adults charged with a felony to provide a DNA sample. The court said Proposition 69 is unconstitutional because the law allows searches of individuals without a warrant, Wired reports, adding it authorizes "the warrantless and suspicionless search of individuals...for evidence of a crime unrelated to that for which they have been arrested." The court also noted, "The question this case presents, which is increasingly presented to the courts of this state and nation, is the extent to which technology can be permitted to diminish the privacy guaranteed by the Fourth Amendment."
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