AG Brown to Defend CA DNA Database Law
A woman arrested during a war protest in San Francisco is among those challenging California's DNA database law. Attorney General Jerry Brown will defend the measure in a federal courtroom in San Francisco Tuesday.
Under Prop 69, if you're arrested for a felony in California, you must submit a DNA sample, usually by saliva, sometimes by blood. Even if you're never charged, your genetic material stays on file.
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State Attorney General Jerry Brown says that's what led to the capture of a suspect in L.A.'s "Grim Sleeper" serial murder case last week. But an Oakland woman arrested last year during an anti-war demonstration in San Francisco, but then released without prosecution, is suing in federal court, along with another Californian, claiming that amounts to unreasonable search and seizure. The ACLU is arguing the case on their behalf.
Federal District Judge Charles Breyer denied their request for an injunction against Prop 69, saying collecting DNA isn't substantially different from taking fingerprints at the time of arrest.
Now the ACLU is appealing to the 9th circuit us court of appeals, where Brown and his deputies will defend the law. Of course, Brown is running for governor, so taking a higher profile role in this case can't hurt.
