Federal Appeals Court to Hear Challenge to California DNA Collection Law

SAN FRANCISCO -- On a March day three years ago in San Francisco's Civic Center Plaza, Elizabeth "Lily" Haskell was arrested during a rally against the Iraq War, cuffed on a felony allegation that she tried to spring another protester who had been taken into custody.

But once hauled off to jail, Haskell found herself in the legal cross hairs for more than just civic rabble-rousing. Sheriff's deputies ordered her to submit to DNA testing under a then-new provision of California law, giving her the choice of letting them swab the inside of her cheek or face an additional misdemeanor charge and sit in a jail cell for two days.

Haskell relented and took the DNA test. But now the Oakland woman is at the center of an American Civil Liberties Union legal challenge to a state law that allows law enforcement to collect DNA samples from anyone arrested for a felony, regardless of whether they are later charged or convicted. In Haskell's case, prosecutors never followed up the 2009 arrest with a criminal charge.

"My DNA was taken without...