Brief filed: 11/13/2015
Documents
People v. Buza
Supreme Court of California; Case No. S223698
Prior Decision
Decision below 180 Cal.Rptr.3d 753 (Ct. of Appeal, First Dist., Dec. 3, 2014).
Argument(s)
Maryland v. King did not establish a per se rule authorizing warrantless collection of DNA from arrestees. California arrestee DNA collection law violates the Fourth Amendment to the United States Constitution. The Court of Appeal properly recognized California's constitutional protection against unlawful searches and seizures precludes the warrantless collection and search of arrestee DNA. DNA collection implicates significant privacy interests. DNA contains a person's most private and personal information. As the cost of DNA processing drops, the government is already expanding its collection and use of DNA. Excessive DNA collection poses very real threats to liberty.
Author(s)
Jennifer Lynch & Lee Tien, Electronic Frontier Foundation, San Francisco, CA.
