DNA: Law requiring arrestees' samples struck down

[Tripper]

DNA: Law requiring arrestees' samples struck down

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/04/BALP1KJGRI.DTL

I thought this might be of interest to some LEO/LEA's

it looks like its split and will need to go to 9th for resolution

I would be interested to know how agencies, that might be represented here, will do business while this decision exists.

Will your agency continue to collect DNA from 'Qualified Offenders'
or will you go the previous route of 'Qualifying Conviction, or Court Order'

if you do not wish to identify yourself with an agency and/or would rather PM me, I'd appreciate input

mods, if this is not appropriate for this forum please advise

[1911su16b870]

DNA: Law requiring arrestees' samples struck down

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/04/BALP1KJGRI.DTL

...

Wow...this has just gotten interesting! We'll see where it plays out in the judicial system.

[Tripper]

But what to do in the meantime
Collect or dont collect

One court says collect
Another court says don't

[Swatter911]

Prop 69 appears to be dead for now. There's an en banc case pending in the 9th that may resuscitate it though.

[yzErnie]

The 9th Circus has made some rulings in the last few months that are surprisingly in support of the wishes of the people. Their ruling on this one may be the same.

[Tripper]

prop69 isnt necessarily dead,
I do not think it nullifies the collection method prior to jan 09, collection of convicted felony crimes, or 290 registrable offenses.

I'm just wondering which court ruling is being followed, the one today that says its not ok to collect, or the previous one by SF that says its ok to collect?

what are departments considering to be the rule they will follow

I know its a brand new ruling, that just means there needs to be a decision made by someone as to how to move forward, while awaiting a 9th circuit ruling, which isnt likely to come any time soon.

[Ron-Solo]

Gonna be one of them wait and see things