Haskell, et al. v. Brown, Jr., et al., No. 10-15152 (9th Cir. 2012)
Annotate this CasePlaintiffs appealed the district court's denial of their motion for a preliminary injunction to stop the enforcement of the 2004 Amendment to California's DNA and Forensic Identification Data Base and Data Bank Act of 1998 (DNA Act), Cal. Penal Code 296(a)(2)(C), which required law enforcement officers to collect DNA samples from all adults arrested for felonies. Plaintiffs contended that the 2004 Amendment violated their Fourth Amendment right to be free of unreasonable searches and seizures. The court assessed the constitutionality of the 2004 Amendment by considering the totality of the circumstances, balancing the arrestees' privacy interest against the Government's need for the DNA samples. After weighing such factors, the court concluded that the Government's compelling interests far outweighed arrestees' privacy concerns and therefore held that the 2004 Amendment did not violate the Fourth Amendment. Accordingly, the court affirmed the judgment of the district court.
The court issued a subsequent related opinion or order on July 25, 2012.
The court issued a subsequent related opinion or order on August 14, 2013.
The court issued a subsequent related opinion or order on March 20, 2014.
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