Tagged: SCOCA

Review granted in People v. Buza – Whether California’s DNA collection law violates the U.S. or Cal. Constitution

Review granted in People v. Buza – Whether California’s DNA collection law violates the U.S. or Cal. Constitution

On February 18, the California Supreme Court granted review in People v. Buza, in which the Court of Appeal held that a California law requiring the collection of DNA from every person arrested for a felony violates Article I, section 13 of the California Constitution. Already pending before SCOCA is People v. Lowe, in which another Court of Appeal decision reached the opposite conclusion: that California’s DNA collection scheme did not violate the Fourth Amendment of the U.S. Constitution. The opinions in Lowe and Buza were both issued after earlier California decisions were vacated in the wake of the U.S....