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Felons Must Submit to DNA Sampling

by Salvatore P. Ciulla on April 11, 2014 · 0 comments

in California Law, Los Angeles, Orange County

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Tustin criminal defense attorneyA federal appeals court upheld a California law requiring anyone who has been arrested for a felony to submit a DNA sample to the state.

California voters passed Prop. 69 in 2004. It made it legal for law enforcement to collect a DNA sample from anyone arrested on suspicion of a felony during the booking process. The suspect does not have to be charged or convicted. The state attorney general says the sampling is a powerful tool that helps solve cold cases.

The ACLU brought the lawsuit because the people who are required to submit samples may not even be charged with a crime or found guilty, and it’s difficult to have your sample removed from the database.

The Supreme Court upheld a similar law in Maryland, saying the cheek swab process was unobtrusive and no different than fingerprinting. Legal experts say the 9th Circuit Court of Appeals appeared ready to strike down the law when the Supreme Court ruling came out.

The ACLU is now considering what their next move will be.

The Law Office of Salvatore Ciulla located in Orange County, California, represents individuals accused of murder and manslaughter, aggravated assault, burglary, theft and embezzlement, child abuse and domestic violence, narcotics possession and sales, drunk driving (DUI) and vehicular homicide, sexual assault and three strikes cases. We also take Juvenile Court cases and all misdemeanor offenses.

Our mission is to provide the best legal representation and counsel to all clients. Every client and every case is important. Call us at 714-542-0500 for a free analysis of your case and/or charges, or contact us at SalCiullaLaw.com.

 

 

 

 

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