August 10, 2011 By Wallin & Klarich

In the American justice system, you are presumed innocent until proven guilty in a court of law.

How, then, is it legal for police to require you to give a DNA sample immediately after your arrest? According to a recent California court decision, it is not.

In People v. Buza, a state appellate court ruled that it was unconstitutional for police to draw a DNA sample from suspects of a felony crime to include in a DNA databank designed to link suspects with unsolved crimes. As an unreasonable “search and seizure,” the court deemed this practice as a violation of the 4th Amendment of the U.S. Constitution.

Therefore, requiring a felony arrestee to submit a DNA sample without independent suspicion, a warrant, or probable cause is unconstitutional.

Be sure that your rights are adequately protected if you are ever facing criminal charges. The best way to do this is to hire a knowledgeable criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you ensure the protection of your rights. Call us today at 888-749-0034 or visit us online at We will be there for you when you call.

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