Application of the Electronic Frontier Foundation, the National Association of Criminal Defense Lawyers, the Maryland Public Defender, and Interested Legal Scholars for Leave to File Amicus Curiae Brief and Amicus Brief in Support of Defendant and Appellant Mark Buza.
Argument: Maryland v. King did not establish a per se rule authorizing warrantless collection of DNA from arrestees. California arrestee DNA collection law violates the Fourth Amendment to the United States Constitution. The Court of Appeal properly recognized California's constitutional protection against unlawful searches and seizures precludes the warrantless collection and search of arrestee DNA. DNA collection implicates significant privacy interests. DNA contains a person's most private and personal information. As the cost of DNA processing drops, the government is already expanding its collection and use of DNA. Excessive DNA collection poses very real threats to liberty.