This is the second time the Ninth Circuit has heard oral argument over this case. Last year the Ninth Circuit appeared to be ready to strike down California’s law until the Supreme Court stepped in and issued a decision on a similar law out of Maryland. After that decision, the Ninth Circuited ordered both sides to prepare for a new oral argument explaining whether California’s law is different from Maryland’s.
The ACLU argued that Maryland’s law was much more narrowly applied than the one in California and, as such, was able to pass constitutional muster. In Maryland, police collect DNA samples only from those who are arrested for serious offenses. The DNA samples are automatically destroyed if someone is not charged with a crime. In California, the samples are taken from everyone and are not automatically destroyed, suspects must petition a court to demand the destruction.
This ruling could potentially impact a Minnesota Felony DWI case where such a DNA sample is required of any individual that is convicted of this offense. Criminal defense attorneys across the country are watching to see how the case turns out. Experts say the justices appear to be split, with several conservatives approving of the law and several liberal siding with the ACLU. How the Ninth Circuit rules could have an impact on similar laws in other states and might also set a direction for how states without such DNA laws draft their legislation moving forward. The hope is that the justices err on the side of privacy and do not force suspects to divulge such incredibly personal information.
Source: “Court to consider California’s DNA collection law,” by Paul Elias, published at UTSanDiego.com.