What is the current state of the law in relation to police taking DNA samples from the cheek of a suspect?

California, United States of America


The following excerpt is from People v. Wilkes, B265686 (Cal. App. 2016):

First, the Fourth Amendment permits law enforcement to take buccal swab DNA samples where a defendant is arrested for a serious offense, e.g., the felony of residential burglary. (Maryland v. King (2013) 569 U.S. ___ [186 L.Ed.2d 1] (King).) "When officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee's DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment." (King, supra, 569 U.S. at p. ___ [186 L.Ed.2d at p. 32].)

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