The California Department of Justice issued a information bulletin advising all state law enforcement agencies that
By operation of state law, the Supreme Court’s order granting review removes the Court of Appeal’s opinion as published authority and prevents citation or reliance on that decision in any other action. As a result of the California Supreme Court’s grant of review of this decision, there is now no state precedent that precludes collection of DNA database samples from adult felony arrestees pursuant to Penal Code section 296.
Penal Code sections 296(a)(2) and 296.1(a) therefore are in full effect and mandate the collection of DNA database samples from all adults arrested for a felony or wobbler offense. All authorized arrestee samples that have been or will be received by the California Department of Justice DNA Data Bank program will be analyzed and uploaded to CODIS.
Closely related postings
- Buza Reloaded: Court Shifts Ground But Again Invalidates California’s DNA-on-arrest Law, Dec. 7, 2014
- Buza Reloaded: The Fourth Amendment Framework, Dec. 22, 2014
- Buza Reloaded: Fourth Amendment Balancing, Jan. 1, 2015
- Buza Reloaded: California Balancing, Jan. 4, 2015
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