Law360: Calif. Court OKs Challenge To ‘Spit And Acquit’ DNA Collection

April 14, 2023

The California Court of Appeal overturned a trial court judge’s ruling regarding a DNA collection program overseen by the Orange County District Attorney, stating that plaintiffs “have sufficiently alleged the [DNA collection] program, as implemented by the OCDA, is unconstitutional.” Two professors at the University of California, Irvine, filed the suit in 2021 claiming that the program, which gives prosecutors access to DNA samples from people charged with misdemeanors, violates the federal and California state constitutions. The UCI professors are represented by Michael Yoder and Abigail J. Formella O’Melveny & Myers LLP.

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