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California law pursuant to Penal Code Section 296 (PC 296) requires you to provide DNA and other identifying evidence if you are convicted, adjudicated as a juvenile, or found not guilty by reason of insanity for any felony crime. In fact, just being arrested for a registerable sex crime also triggers this requirement.

California voters in November 2004 passed Proposition 69, the “DNA Fingerprint, Unsolved Crime and Innocence Protection Act,” to expand and modify state law regarding the collection and use of criminal offender DNA samples and palm print impressions.

According to the courts, this law does not violate your fourth amendment right to be free from unreasonable searches and seizures.

Our attorneys at Wallin & Klarich want to share with you a recent decision in the Court of Appeal that upheld the law, sending a defendant convicted of child molestation to prison for a very long time…

People v. Lowe (Case No. D059007, California Court of Appeal, December 4, 2013)

CA child molestation charges

The California court recently ruled taking DNA samples without warrant in certain cases including CA child molestation charges doesn’t violate the 4th Amendment.

Between 2003 and 2006, Justin Samuel Lowe was investigated for multiple crimes, including burglary, forcible sex crimes and robbery allegedly committed in Riverside. In October 2006, while under arrest for one of the sex crimes, a DNA profile of the defendant was obtained from a buccal (inner cheek) swab sample taken from him without a warrant.

In July 2010, a jury convicted Lowe on all charged counts, including three counts of forcible oral copulation on a minor under 14 (Penal Code Section 288a (c)(2)). He was sentenced to a determinate term of 15 years, eight months plus a consecutive indeterminate term of 107 years to life in prison.

He appealed, challenging the court’s denial of his motion to suppress the swab DNA evidence.

How Did the Court Rule?

The court held that the 2004 Amendment authorizing the mandatory and warrantless collection and analysis of buccal swab DNA samples from felony arrestees does not violate the Fourth Amendment. The court concluded that denial of Lowe’s motion to suppress the evidence was proper and affirmed his convictions.

The Court reasoned:

“[W]e are persuaded that DNA collected, used, and retained under the amended DNA Act is substantially indistinguishable from traditional fingerprinting as a means of identifying arrestees and, incidentally, tying them to criminal investigations. As the King court recently observed, [b]y the middle of the 20th century, it was considered ‘elementary that a person in lawful custody may be required to submit to photographing and fingerprinting as part of routine identification processes’ (King, supra, 133 S.Ct. at p. 1976). Thus, [p]erhaps the most direct historical analogue to the buccal swab DNA technology is the familiar practice of fingerprinting arrestees” (Ibid).

What Does this Ruling Mean?

If you are charged with a registerable sex offense under Penal Code Section 290, or convicted of any felony crime, the police do not need a warrant to obtain DNA evidence from you. It’s just like being fingerprinted, according to the courts. Your Fourth Amendment rights have not been violated and the evidence can (and most likely will) be used against you during prosecution.

Call Wallin & Klarich if You are Facing CA Child Molestation Charges

If you have been accused of a crime and the police take DNA samples from you, it is imperative that you contact an experienced criminal defense attorney at Wallin & Klarich right away. The attorneys at Wallin & Klarich have over 30 years of experience representing our clients accused of registerable sex crimes requiring you to submit DNA evidence samples.

If you are facing a non-sex related felony, you cannot be forced to give DNA samples to law enforcement without a lawfully obtained and executed warrant.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the skilled and aggressive criminal defense attorneys at Wallin & Klarich have been able to help our clients successfully defend against serious criminal charges, including registerable sex crimes. We will make certain that all of your rights are protected. We will get you the best result possible in your case. You don’t have to go through this alone.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.

7 Things to Change about Sex Offender Parole in Orange County

Paroled sex offenders in Orange County are strictly supervised and must comply with numerous conditions if they want to avoid being returned to custody.

What the public doesn’t realize is the fact that the re-offense rate for committing a new sex crime among paroled sex offenders is 1.9%, according to the California Department of Corrections and Rehabi…

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Los Angeles Sex Offender Registration Requirements

Sex offender registration is a lifetime requirement for anyone residing, working or attending school in California who is convicted of a crime specified under Penal Code Section 290(c) of the Sex Offender Registration Act (SORA). If you are convicted of a sex crime in Los Angeles, it is important to know the Los Angeles sex offender registration requireme…

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Top 10 Reasons to Hire the Law Firm of Wallin & Klarich in a Rape Case

Facing a rape accusation is a frightening situation. Your best chance for a positive result in your case is hiring an experienced law firm with an outstanding track record of successfully defending their clients charged with rape. If you or someone you love is facing a rape accusation, the law firm of Wallin & Klarich will help you protect what is most val…

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Payment of Victim’s Mental Health Bills under Penal Code 288a

California Penal Code section 288a makes it illegal to perform “oral copulation” upon a minor. PC 288a defines oral copulation as “the act of copulating the mouth of one person with the sexual organ or anus of another person.” In California, any person younger than 18 years old is considered a minor. Consent is irrelevant under PC 288a because minor…

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Probation Eligibility for Child Pornography Convictions in Los Angeles

Are you facing child pornography charges in Los Angeles? If so, you need to speak to a skilled and knowledgeable criminal defense attorney who can help you find out about your potential punishment and probation eligibility for child pornography convictions.

A child pornography conviction can mean jail or prison time, fines and, worst of all, lifetime reg…

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New Court Ruling Makes PC 288(a) Offenders Eligible for Certificate of Rehabilitation and End to Sex Offender Registration – PC 288(a), 290.5, 4852.01

Have you been convicted of lewd and lascivious acts with a child under 14 years old? If so, you most likely have to register as a sex offender for the rest of your life while residing, attending school or working in California. Pursuant to Penal Code Section 290, a conviction for lewd acts with a child under 14 years old under Penal Code Section 288(a) is a registe…

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Restrictions for Registered Sex Offenders Living or Working in Pomona – PC 290

California is known nationally for the severe penalties and restrictions that it places on people convicted of sexual offenses. Under Penal Code 290, also known as the Sex Offender Registration Act, certain convicted sex offenders are required to register as such with local law enforcement.

Will I Have to Register if I am Convicted of an Offense?

Registra…

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8 Things You Should Expect if You are Charged with Rape in Long Beach

Most people think of rape (PC 261) as involving physical force over the alleged victim. However, you can be charged with committing rape in Long Beach whenever the sexual intercourse involves the use of threat, force, or fraud. For example, you have sex with a woman that you met at a party or bar who you knew to be intoxicated. Your victim can also be your own spou…

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5 Things to Expect if You are Charged with Sexual Battery in Los Angeles County

Allegations of sexual battery in Los Angeles against celebrities, athletes and even politicians are rather common. It seems like every week a new celebrity is being investigated for sexual assault. For example, the Los Angeles Police Department temporarily reopened its investigation into sexual assault allegations against musician Cee Lo Green in …

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