Does a mandatory and warrantless collection of DNA samples from adult felony arrestees for DNA testing and analysis violate the Fourth Amendment to the federal Constitution?

California, United States of America


The following excerpt is from People v. Lowe, 165 Cal.Rptr.3d 107 (Cal. App. 2013):

Applying the "totality of the circumstances" test, balancing the intrusion of the challenged search on privacy interests against its promotion of legitimate governmental interests ( Samson v. California,supra, 547 U.S. at p. 848, 126 S.Ct. 2193 ), we conclude the compulsory and warrantless collection of buccal swab DNA samples from all adult felony arrestees for DNA testing and analysis, as authorized by the 2004 Amendment to the DNA Act, does not violate the Fourth Amendment to the federal Constitution.

1. Intrusion on felony arrestees' privacy interests

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