DNA: Law requiring arrestees' samples struck down
By Bob Egelko,
San Francisco Chronicle
| 08. 05. 2011
A voter-approved California law requiring police to collect DNA samples from anyone arrested for a felony violates the constitutional privacy rights of people who have not been charged with or convicted of a crime, a state appeals court ruled Thursday.
The law expanded previous statutes that authorized law enforcement officials to take DNA from convicts and suspects with felony records. Approved by 62 percent of the voters in 2004 and effective in 2009, it required anyone arrested on suspicion of a felony to be swabbed on an inner cheek for genetic material, which would then be forwarded to a database accessible to state and local police and the FBI.
The federal government and about half the states have laws allowing DNA collection from some or all arrestees. Supporters say the measures are minimally intrusive and a powerful police resource in unsolved "cold cases."
Responding to a federal court challenge to the California law last year, then-Attorney General Jerry Brown called DNA evidence "the fingerprint of the 21st century" and declared, "This is no more a violation of privacy than you...
Related Articles
By Mary Hartnett, WFYI | 03.30.2026
"1907 Indiana Eugenics Law" via Wikimedia Commons | CC by-SA 4.0
Indiana was the first government in the world to pass a eugenic sterilization law. The state sterilized 2,500 people from 1907-to-1974. Indiana apologized for implementing the program...
By Sarah Elizabeth Richards, Scientific American | 04.02.2026
For the past two decades, fertility specialists have wrestled with a troubling question: Why do Black people have lower live birth rates after in vitro fertilization (IVF) treatment than white people?
Researchers have proposed several explanations, such as the fact...
By Jessica Riskin, Los Ángeles Review of Books | 03.23.2026
This is the first part of the 14th installment in the Legacies of Eugenics series, which features essays by leading thinkers devoted to exploring the history of eugenics and the ways it shapes our present. The series is organized by...
By Alexandra Marquez, NBC News | 03.13.2026
“Donald Trump” by Gage Skidmore is licensed under CC BY-SA 2.0
President Donald Trump on Thursday blamed “the genetics” of assailants in a string of recent attacks across the country. He made the comments after attacks at a...