California, United States of America
The following excerpt is from People v. Buza, 230 Cal.Rptr.3d 681, 4 Cal.5th 658, 413 P.3d 1132 (Cal. 2018):
The question before us is whether it was unreasonable within the meaning of one or both of these provisions to require defendant to use a cheek swab to provide a DNA sample to jail officials as part of the booking process following his arrest for arson. If so, defendant cannot be penalized for failure to comply, and his misdemeanor refusal conviction must be reversed. If, on the other hand, the requirement was reasonable, then defendant's conviction stands. (See Birchfield v. North Dakota (2016) 579 U.S. , , [136 S.Ct. 2160, 21722173], 195 L.Ed.2d 560.)
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