Jul 272012
 
 July 27, 2012  Court, Laws

From Courthouse News:

The 9th Circuit agreed Thursday to grant an en banc rehearing over a California law that lets police collect DNA from any adult who is arrested for a felony.

In February, a divided three-judge panel found no constitutional problem with the law.

“We agree that the California DNA Act would be unconstitutional if it allowed police officers to collect DNA samples from random citizens on the street without any probable cause to believe that they committed a crime,” Judge Milan Smith Jr. wrote for the majority. “In reality, however, the police cannot collect DNA without first determining that there is probable cause that the individual committed a felony.”

That decision can no longer be cited as precedent now that the court has granted rehearing.

Read more on Courthouse News.

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