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CA Court To Decide on Constitutionality of DNA Sample Upon Arrest

PRIVACY LAW—U.S.

September 20, 2012

The Washington Post reports on a Ninth U.S. Circuit Court of Appeals case that will determine whether a California law requiring suspects arrested in felony cases to provide genetic samples is constitutional. Three of the judges have made clear they find the law “distasteful,” the report states. “It’s that officer who is there and decides a felony has been committed,” and therefore decides to collect the data, Judge Harry Pregerson said. “That’s a terrible intrusion of privacy.” Deputy Attorney General Daniel Powell says the data collection is “vital to public safety.” The ACLU has asked the court to amend the law so only felony convicts provide DNA samples. (Registration may be required to access this story.)
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