Criminal,
Constitutional Law,
California Supreme Court
Apr. 3, 2018
State high court narrowly upholds DNA collection for felony arrests
The opinion left the door open for defendants in different circumstances to raise privacy objections to the voter-approved DNA Act.
The state Supreme Court on Monday reversed a convicted arsonist's challenge to California's DNA collection requirements in felony arrests but left the door open for defendants in different circumstances to raise privacy objections to the voter-approved DNA Act.
The high court's 4-3 decision in People v. Buza, 2018 DJDAR 3029 (April 2, 2018), was written by Justice Leondra Kruger, an appointee of Gov. Jerry Brown.
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Criminal Law and Procedure
People v. Buza
Guided by U.S. Supreme Court holding on DNA cheek swab collection, California Supreme Court finds such collection not unreasonable when required of serious felony arrestee.
