California's DNA Law Challenged

In November 2004 California voters passed Proposition 69, the "DNA Fingerprint, Unsolved Crime and Innocence Protection Act to expand and modify state law regarding the collection and use of criminal offender DNA samples and palm print impressions. The proposition required collection of DNA samples from all felons, and from adults and juveniles arrested for or charged with specified crimes, and submission to state DNA database; and; in five years, from adults arrested for or charged with any felony. The proposition required that beginning on Jan. 1, 2009, authorities must take a sample from any adult who is arrested for a felony, regardless of whether that person is ever charged or convicted of a crime. According to Jill Spriggs, the chief of California's Bureau of Forensic Services there are more than 1.3 million DNA samples in its database. This is the largest library of DNA samples of any state, the third largest in the world behind the United States and the United Kingdom, and it is growing at a rate of 25,000-30,000 samples per month, according to Jill Spriggs, the database turns up roughly 300 genetic matches per month.

Since the passage of Proposition 69 thousands of samples have been taken from people, some of whom have never been charged with a crime. One of these people was Elizabeth Haskell, who was arrested during an anti-war rally in San Francisco. Suspected of aiding another protester escape from police custody, she was herself taken into custody and given a choice, she could either provide a DNA sample, or spend more time in custody. She provided the sample, in the end however no charges where ever filed. Haskell and another individual have filed suit in federal court and are being represented in the suit by the American Civil Liberties Union. They want the court to restrict California's DNA collection so that it will only apply to convicted felons.

If you are facing possible arrest for a felony charge call the attorneys at the Law Offices of David M. Wallin.