ABSTRUSE
Cirque du Freak
- Joined
- Mar 4, 2003
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Calif. DNA Initiative Opponents to Sue
By DON THOMPSON, Associated Press Writer
SACRAMENTO, Calif. - Opponents said Thursday they will sue to block a voter-approved measure that expands California's DNA database to all suspected felons regardless of whether they are convicted.
But state officials said they are moving ahead to implement Proposition 69, favored by nearly two-thirds of voters Tuesday.
The same battle was fought 90 years ago when fingerprints first came into use as identifiers, and opponents have lost every legal challenge since, said Bruce Harrington, who bankrolled the initiative 24 years after his brother and sister-in-law were slain by a mystery killer.
"We're going to take your mug shot, we're going to take your fingerprint, and now we're going to take your DNA 'fingerprint'," Harrington said.
Beginning in 2009, the initiative requires that the state take samples of genetic material from anyone arrested on suspicion of committing a felony, even if they are never charged or convicted. Anyone acquitted or never charged could eventually petition to have their sample destroyed, although there are two other provisions in existing law that call for the samples to be removed from the records automatically after a time without a conviction.
The American Civil Liberties Union (news - web sites) estimates 50,000 Californians are arrested each year but never convicted. The group contends collecting the samples at the time of arrest runs counter to the American system of presuming innocence until guilt is proven in court.
"Certainly we'll be challenging the provision where the government takes DNA from people who have never even been charged with a crime," said Maya Harris, a staff attorney with the American Civil Liberties Union.
California law already allows investigators to take DNA samples after a suspect has been indicted or gone through a preliminary hearing, before a determination of guilt, said David LaBahn, executive director of the California District Attorneys Association. He expects courts to rule it also is legal to extend that to those who are arrested.
"We see it the same as the fingerprint, the same as the photograph," also taken at the time of arrest, LaBahn said.
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By DON THOMPSON, Associated Press Writer
SACRAMENTO, Calif. - Opponents said Thursday they will sue to block a voter-approved measure that expands California's DNA database to all suspected felons regardless of whether they are convicted.
But state officials said they are moving ahead to implement Proposition 69, favored by nearly two-thirds of voters Tuesday.
The same battle was fought 90 years ago when fingerprints first came into use as identifiers, and opponents have lost every legal challenge since, said Bruce Harrington, who bankrolled the initiative 24 years after his brother and sister-in-law were slain by a mystery killer.
"We're going to take your mug shot, we're going to take your fingerprint, and now we're going to take your DNA 'fingerprint'," Harrington said.
Beginning in 2009, the initiative requires that the state take samples of genetic material from anyone arrested on suspicion of committing a felony, even if they are never charged or convicted. Anyone acquitted or never charged could eventually petition to have their sample destroyed, although there are two other provisions in existing law that call for the samples to be removed from the records automatically after a time without a conviction.
The American Civil Liberties Union (news - web sites) estimates 50,000 Californians are arrested each year but never convicted. The group contends collecting the samples at the time of arrest runs counter to the American system of presuming innocence until guilt is proven in court.
"Certainly we'll be challenging the provision where the government takes DNA from people who have never even been charged with a crime," said Maya Harris, a staff attorney with the American Civil Liberties Union.
California law already allows investigators to take DNA samples after a suspect has been indicted or gone through a preliminary hearing, before a determination of guilt, said David LaBahn, executive director of the California District Attorneys Association. He expects courts to rule it also is legal to extend that to those who are arrested.
"We see it the same as the fingerprint, the same as the photograph," also taken at the time of arrest, LaBahn said.
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Eventually, most Californians will be in the DNA data base. I say that because in a few years, anybody who is a suspect in any felony will have their DNA samples taken. Since anybody who gets arrested is originally charged with the worst felony the cops can think of that has any foundatiion, they will take everybody's sample. Eventually, almost everybody will be arrested and charged with conspiracy to jaywalk or some such bogus thing to give the cops a chance to take the sample.
