All Felonies are Serious Offenses: Ninth Circuit Upholds California DNA Collection Law

In October of last year, I wrote “Buccal Swab ‘Booking Procedures’: Lower Courts Struggle to Apply Maryland v. King,” a blog post outlining some potential problems with the reasoning in Maryland v. King, the landmark DNA collection case handed down by the Supreme Court last June.  At the time, I focused on federal district court interpretations of King, but appeals courts have also begun ruling on these cases.  On March 20, 2014, the Ninth Circuit, sitting en banc, issued an opinion in Haskell v. Harris upholding California’s broad DNA Collection Act.

Buccal Swab "Booking Procedures": Lower Courts Struggle to Apply Maryland v. King

On June 3, 2013, the Supreme Court handed down a widely-anticipated opinion in Maryland v. King.  In this case, the defendant’s DNA was collected by the state after an arrest for first-degree assault.  Though he pled to a lesser misdemeanor charge, King’s DNA was found to be a match for an unsolved 2003 rape for which he was eventually convicted.  The Court addressed the following issue: “whether the Fourth Amendment prohibits the collection and analysis of a DNA sample from persons arrested, but not yet convicted, on felony charges.”  Justice Kennedy, writing for the Court, did not examine the issue in isolation, but considered it in light of Maryland’s DNA Collection Act, which contained various protections for the accused.  Specifically, DNA could only be collected if the individual was charged with a violent crime, could not be recorded or stored until after the individual was arraigned, and samples would be destroyed if the criminal action did not result in a conviction; further, the DNA could not be used for any purpose other than identification.