California can continue collecting DNA samples from suspects arrested on, but not necessarily convicted of, felony charges, a divided state Supreme Court held Monday.

Writing for a 4-3 majority, Associate Justice Leondra Kruger said provisions of the voter-approved DNA Act of 2004 pass muster with state and federal law. The majority said it was mindful of defendant Mark Buza’s privacy concerns, particularly given the broad privacy rights included in the state constitution, when he refused to allow deputies to swab his cheek after a 2009 arrest.