The 9th U.S. Circuit Court of Appeals agreed Wednesday to rehear a challenge to California’s law requiring law enforcement officers to collect DNA samples from all adults arrested for felonies.
The lawsuit was filed in 2009 by the American Civil Liberties Union of Northern California; spokeswoman Rebecca Farmer said Wednesday that oral arguments will be heard by an 11-judge “en banc” panel during the week of Sept. 17.
The state Legislature in 1998 enacted a law requiring DNA sampling from people convicted of certain offenses. But in 2004, 62 percent of California voters approved Proposition 69, which expanded the law to require DNA collection from “any adult person arrested or charged with any felony offense … immediately following arrest or during the booking.”
A three-judge panel of the 9th Circuit appellate court had upheld that law in February, finding “that the government’s compelling interests far outweigh arrestees’ privacy concerns” because “DNA analysis is an extraordinarily effective tool for law enforcement officials to identify arrestees, solve past crimes, and exonerate innocent suspects.”
The Electronic Frontier Foundation in March joined with the ACLU in calling for an en-banc rehearing, arguing that the warrantless seizure and repeated search of DNA taken from people who’ve merely been arrested – not convicted – is unconstitutional.
But in a brief filed in April arguing a rehearing, the state attorney general’s office noted that “(v)irtually every federal court to have considered the question agrees that the collection of a DNA sample for forensic identification, pursuant to a
lawful arrest and subject to statutory restrictions on collection, use and confidentiality, comports with the Fourth Amendment.”