What is the current state of the law on probable cause and privacy rights of an arrestee?

probable causeis that the sooner the testing is accomplished, the lower the risk of a dangerous individual remaining unidentified. The weight of this time-limited interest is extremely low. At the same time, the privacy interest of the arrestee is considerably higher. Arrestees, while suspected of having committed a crime, still enjoy the presumption of innocence and therefore occupy a different place in constitutional analysis than convicted offenders, who by virtue of their convictions suffer a loss of certain constitutional rights. (See Friedman v. Boucher (9th 2009) 580 F.3d 847, 856858 ; Medina, supra, 102 A.3d at p. 68081, 2014 WL 3388014, at p. *17.) An arrestee whose arrest has not even been subjected to a judicial determination of probable cause falls closest on the spectrum of privacy rights to an ordinary citizen.²⁶