CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE, Plaintiff and Respondent, v. ANTWAN TRAVIS, Defendant and Appellant. | A109342 (San Francisco County Super. Ct. No. 194139) |
King was again approved and found dispositive in Adams, where the defendant argued that the trial court erred by admitting evidence of â€
| Description | Penal Code Sec. 296.1--mandating collection of DNA samples and print impressions for collection and storage in a state database from every person convicted of a felony, every person found not guilty of a felony by reason of insanity, and every person adjudicated as a juvenile offender based on commission of a felony--does not violate Fourth Amendment's reasonableness requirement since benefits of such collection and storage outweigh felons' limited privacy rights. Sec. 296.1 does not violate the equal protection rights of convicted felons, who are not similarly situated to other persons with respect to the purposes that DNA sample collection and storage are intended to serve. Extension of DNA sample collection requirement to all felons does not violate due process even as amended to include all felony offenders within the DNA testing requirement since statute is minimally intrusive, does not infringe on privacy rights that are recognized as reasonable, and serves a compelling state interest. Section 296.1 does not impose punishment so its extension of DNA sampling requirements does not violate ex post facto clauses as applied to defendant convicted after statute's effective date of offense that would not have subjected him to such requirements under law in effect on date of crime. |
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