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Collecting DNA samples from felony arrestees is now illegal in California

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 www.wklaw.com. We will be there for you when you call.

About Wallin & Klarich


Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.