Civil liberties advocates are decrying yesterday’s decision of a special 11-judge Ninth U.S. Circuit Court of Appeals panel, which unanimously upheld California’s law “allowing collection of DNA samples from anyone arrested on a felony” charge, according to San Jose Mercury News. The panel cited a Supreme Court ruling from last year that backed a similar Maryland law, and it rejected an ACLU argument that the California law is broader than Maryland’s and more of a privacy threat because Maryland’s law only permits collection from those charged with a “serious felony” and after a judge finds probable cause. However, the panel did suggest advocates return to a lower court and challenge the law on narrower grounds.
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