SDPD Finds a Way Around State Law Limiting DNA Collection From Juveniles
By Kelly Davis,
Voice of San Diego
| 02. 15. 2017
When it comes to collecting DNA from criminal offenders, California law is especially protective of juveniles.
While 2004’s Proposition 69 broadened police authority to collect DNA without a warrant, it put limits on when DNA can be collected from juveniles. Only if a youth has been found guilty of a felony or required to register as a sex offender can law enforcement obtain a DNA sample.
But the San Diego Police Department has found a way around state law. The department maintains its own database — one that’s not linked to state or federal DNA databases. According to department policy, as long as a DNA profile remains in the local database, officers can collect DNA from anyone for “investigative purposes.” The policy requires only that officers get a signed consent from the minor. It doesn’t require them to notify the minor’s parent or guardian until after the sample’s been taken.
A lawsuit filed Tuesday by the ACLU of San Diego and Imperial Counties challenges that policy, and argues that a juvenile is incapable of providing informed consent, especially if he...
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