Haskell v. Harris

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Civil Rights § 1983
  • Date Filed: 03-20-2014
  • Case #: 10-15152
  • Judge(s)/Court Below: Per Curiam: Circuit Judge Kozinski for the Court; Circuit Judges Pregerson, McKeown, Fisher, Gould, Paez, Tallman, Rawlinson, M. Smith, N. Smith and Watford
  • Full Text Opinion

DNA collection from all adults arrested for or charged with any felony or attempted felony is not a violation of the constitution.

Plaintiffs challenged the constitutionally of California's DNA collection law that took effect January 1, 2009. The law requires the collection of DNA from any adult person arrested for or charged with a felony or attempted felony, immediately after arrest during the booking process. The lower court denied plaintiffs' request for a preliminary injunction stopping DNA collection of the class of persons arrested but not yet charged with a felony. The en banc court affirmed the district court's denial due to plaintiffs' counsel's concession that after Maryland v. King, plaintiffs cannot show that the district court abused its discretion in denying a preliminary injunction. The facts of plaintiffs' claim were deemed to be indistinguishable from King. The DNA collection of a person arrested on suspicion of a felony offense is not a violation of the Fourth Amendment of the Constitution. AFFIRMED.

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