A California state appellate court has ruled that a state law requiring collection of a DNA sample for those simply arrested on felony suspicions—but not charged, much less convicted—violates the Golden State’s constitution.

In a decision handed down Wednesday by a three-judge panel of the First Appellate District Court of Appeal, the court went against a 2013 United States Supreme Court decision known as Maryland v. King. That case found that a similar DNA law in Maryland was a valid form of police identification of suspects, analogous to fingerprinting and photographing.
“The California DNA Act intrudes too quickly and too deeply into the privacy interests of arrestees,” presiding justice J. Anthony Kline wrote for the panel.
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