People v. Buza
Annotate this CasePolice saw Buza run from a burning police car, arrested him, and found evidence of arson. While he was in county jail, before any court appearance, Buza was asked to provide a DNA sample, required by Penal Code 296. He refused, even after being informed that refusal constituted a misdemeanor. He admitted at trial that he set fire to the car using an accelerant, to protest "corrupt government," and challenged section 296. He was convicted on all counts and ordered to provide a DNA sample before sentencing. After he refused, the court ordered use of “reasonable force.” He was sentenced to 16 months for arson and a concurrent six-month term for refusal to provide a sample. After remand by the California Supreme Court for consideration in light of the U.S. Supreme Court’s 2013 decision, Maryland v. King, the court of appeal again reversed the section 296 conviction. Section 296, in requiring felony arrestees to submit a DNA sample for analysis and inclusion in state and federal databases, without independent suspicion, a warrant, or a judicial or grand jury determination of probable cause, unreasonably intrudes on the expectation of privacy and is invalid under article I of the California Constitution.
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