SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

Reduction of defendant’s felony conviction
to a misdemeanor, after having successfully
completed certain terms and conditions of
probation for one year, does not entitle
defendant to the expungement of the DNA
data or return or destruction of the DNA
sample. (Coffey v. Superior Court (2005)
129 Cal.App.4 th 809.)
(2): Any adult who is arrested for or charged with
any of the following felony offense:
(A): All felony P.C. § 290 (sex registration)
offenses, or attempts to commit such
offense.
(B): Murder or voluntary manslaughter, or
attempts to commit such offense.
(C): Any felony offense (effective
1/1/2009).
The constitutionality of forcing preconvictees
to provide DNA samples
is pending decision in the Ninth
Circuit Court of Appeal in Haskell v.
Brown (10-15152).
This provision was held to be
unconstitutional in state court as a
violation of the Fourth
Amendment, in so far as it requires
people for whom there has not even
been a determination of probable
cause to provide a DNA sample.
(People v. Buza (2011) 197
Cal.App.4 th 1424.)
© 2012 Robert C. Phillips. All rights reserved
491
Review was granted by the
California Supreme Court
(2011 Cal. LEXIS 10796
(Cal. Oct. 19, 2011), making
this case unavailable for
citation pending further
decision.