Law and Biosciences Blog | Haskell v. Brown. By Jennifer Halbleib, Stanford Law School, Class of 2012 The Ninth Circuit heard arguments last Tuesday in Haskell v. Brown, a Fourth Amendment challenge to the provision of Proposition 69 requiring collection, analysis, and databanking of DNA samples from anyone arrested for a felony (background and discussion of the argument in district court here). This case deals only with suspicionless DNA collection, where DNA evidence is not related to the crime for which the person was arrested. If DNA is sought as evidence for the crime of arrest, for example to compare to DNA left at a crime scene, then the collection is supported by probable cause and is clearly constitutional. Judge Smith posed his first question to the ACLU less than thirty seconds into the argument, and both parties were peppered with questions and hypotheticals throughout more than an hour of discussion.
A major theme of the argument centered on the appropriate definition of “identification.” The Presidential Commission for the Study of Bioethical Issues. Mice and Rats Used in Research : AAVS. NORS:OutbreakNet Foodborne Outbreak Online Database. ActionBioscience - promoting bioscience literacy.
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