Judge Poised to Advance Suit Over California DNA Collection
By Nicholas Iovino,
Courthouse News Service
| 05. 01. 2019
SAN FRANCISCO (CN) – Despite prior court rulings that police can collect DNA samples from people arrested but not convicted of crimes, a state court judge hinted Wednesday that holding onto that DNA data might violate the California Constitution.
“What about the person who is arrested mistakenly,” San Francisco Superior Court Judge Ethan Schulman asked in court Wednesday. “That person’s sample then remains in the system forever, right? Regardless of the fact that there’s no criminal conviction.”
Schulman was responding to a state lawyer’s argument that California’s need to identify criminals outweighs the privacy interests of those arrested but not convicted of felonies.
The lawsuit is the latest challenge to DNA collection laws by privacy advocates after a series of recent legal setbacks. In 2013, the Supreme Court ruled in Maryland v. King that a state law requiring DNA collection for arrestees charged with “serious crimes” did not violate the Fourth Amendment. One year later, an en banc Ninth Circuit panel held that California’s DNA collection law does not violate the U.S. constitutional right to be free from unreasonable searches...
Related Articles
By Rowan Walrath and Laurel Oldach, Chemical & Engineering News | 03.04.2026
Washington, DC—At a press conference held at the US Department of Health and Human Services headquarters on Feb. 23, two doctors from the University of Pennsylvania and Children’s Hospital of Philadelphia spoke about their hope for the future of...
By Jason Liebowitz, The New Yorker | 03.06.2026
When Talaya Reid was in high school, in a quiet suburb of Philadelphia, she developed fatigue so severe that she spent afternoons napping instead of going out with friends. She was lethargic at school and her grades suffered, but after...
By Scott Solomon, The MIT Press Reader | 02.12.2026
Chris Mason is a man in a hurry.
“Sometimes walking from the subway to the lab takes too long, so I’ll start running,” he told me over breakfast at a bistro near his home in Brooklyn on a crisp...
By Katrina Miller, The New York TImes | 02.05.2026
Joseph Yracheta: The Native Biodata Consortium is the first nonprofit data and sample repository within the geographic bounds and legal jurisdiction of an American Indian nation, on the Cheyenne River Sioux Reservation in Eagle Butte, S.D.
NativeBio participated in a ...