The First Appellate District reversed a judgment. The court held that the seizure of DNA from an arrestee, as authorized under the DNA and Forensic Identification Data Base and Data Bank Act of 1998, violated the arrestee’s Fourth Amendment right to be free from unreasonable search and seizure.
Mark Buza was arrested after he set fire to a parked police car. Several hours after his arrest, while he was confined in county jail and prior to any appearance before a magistrate or judge, Buza was asked to provide a DNA sample, as required by Penal Code §296. That section, which is part of the DNA and Forensic Identification Data Base and Data Bank Act of 1998, requires that a DNA sample be taken from all adults arrested for or charged with any felony offense “immediately following arrest, or during the booking … process or as soon as administratively practicable after arrest ….” Buza refused.
