Taking & Storing DNA Evidence During The Booking Process in California
On March 20, 2014, the U.S. 9th Circuit Court of Appeals upheld that California’s taking and storing DNA profiles from anyone arrested on suspicion of a felony is Constitutional. This caused a bit of controversy throughout the State, because some argue that this practice should not be legal. The state of Maryland practices the same process, and not long ago was faced with the same question of Constitutionality.
Last year in Maryland vs. King, the Supreme Court of the United States ruled that taking DNA samples was a part of the police booking process, similar to fingerprinting. However, the American Civil Liberties Union (“ACLU”) of Northern California argued that California has a completely different process than Maryland, and therefore should not be viewed as the same.
So what is the difference between the process of California and the process of Maryland? Maryland destroys the genetic evidence that was collected of those not convicted; whereas California requires people to apply to have DNA profiles expunged. Otherwise, DNA profiles are indefinitely stored in a state criminal database. That database can be used any time by police, law enforcement, forensics, etc. to match against crime scenes for potential suspects.
Another difference between the processes in the two States is that California collects evidence from “wobblers”, which are crimes that could be charged either as a misdemeanor or a felony. Maryland only collects DNA in more serious crimes which are straight felonies. In his concurring opinion, Judge Milan D. Smith Jr. of the 9th Circuit wrote that the differences in the processes between California and Maryland are “materially indistinguishable”, also stating that all felonies are serious crimes. He stated that California allows the arrestee to request an expungement if no charges are filed, the case is dismissed, or person is found not guilty.
In conclusion, there are a few differences between the California arrest process, and the Maryland arrest process. However, both states collect DNA, and both states have been questioned on the Constitutionality of this practice. Furthermore, it seems that this practice will in fact be a legitimate part of the booking, and arrest process for both states.
At the Law Offices of Arash Hashemi, we provide clients with passionate and experienced representation. If you would like to schedule an initial consultation with a lawyer at our firm, contact us by phone at (310) 448-1529 or contact us online. We promptly return phone calls and emails. Our office is conveniently located in the Westside Towers in West Los Angeles, within minutes of Santa Monica, Beverly Hills, and Westwood. We have flexible and weekend office hours, and we will visit you in jail to discuss your case.
Photo: freedomsphoenix.com