The California Supreme Court has decided that the police are legally entitled to collect DNA from suspected felons when they are booked into local lockups. The ruling overturned a lower court ruling that questioned the constitutionality of the practice.
In its 4-3 ruling, the state’s high court cited a U.S. Supreme Court decision that found collecting DNA is a legitimate police booking procedure comparable to fingerprinting or taking a suspect’s photograph.
It’s another big win for the Police State.
According to the San Jose Mercury News, the court’s majority wrote that they have a duty to uphold the will of the state’s voters, who approved the collection of DNA for arrestees, unless it is clearly unconstitutional. They also noted that people who are arrested can expunge the DNA samples from law enforcement databases if they aren’t convicted.
The state Supreme Court’s opinion noted that all 50 states require the collection of DNA from those convicted of felony crimes, while the majority of states require it at the time of the arrests.