Mercury News said in a report that anyone who has been arrested for a felony in California will now be required to submit a DNA sample for collection. The 11-judge panel that made up of the US Circuit Court of Appeals has rejected the challenge of the American Civil Liberties Union that the California law needs to be more limited and specific as the statute is more broader than the Maryland law. Moreover, the California law is reportedly threatening privacy rights.
The news report said that the 5 year-old legislation allows authorities to collect DNA from people at the time of their felony arrest. The law also dismisses the need for a review by the judge ahead of the DNA collection and that even suspects who will not be pressed charges will still get their DNA collected. Civil rights activists said that the broad DNA collection law of California violates privacy rights especially of those people who got arrested but never see the light of day in the courtroom.
The 9th Circuit said that the California law could not be distinguished than that of Maryland's and suggested that the complainants return to the lower courts and challenge the DNA collection law based on narrower claims. Mercury News said that the decision of the 9th Circuit effectively concluded that the Supreme Court ruling diminishes the ACLU's claims.
The lawsuit filed by the ACLU was made in 2009 and was sought on plaintiff which included an Oakland native, Elizabeth Haskell. Haskell said that she was arrested at the time that she was participating in a rally against the Iraq War in San Francisco. Haskell said she was required during her arrest that she submit to a DNA test, but was later released and was never charged.
ACLU attorney Michael Risher said, "We need to find where the line is. We'd certainly be focused on people like our named plaintiffs who were never charged with an offense. That to us is a core group of people who clearly do not fall under the (Supreme Court's) ruling."
Mercury News said lawyers for the civil rights group have indicated plans to take up the invitation of the 9th Circuit and will be asking a federal judge to hear their arguments on whether individuals or entities who were arrested under felony charges should be insulated against the California DNA collection statute.
