Calif. Justices Seem OK With DNA-Based Warrant

November 5, 2009

During arguments in an important criminal case, the California Supreme Court seemed receptive to the basis for a warrant based on a DNA profile. At issue is whether an unknown suspect's DNA profile -- as opposed to a physical description -- can satisfy the particularity requirement for issuing a "John Doe" warrant, and whether such warrants toll the statute of limitations for bringing criminal charges. A third issue is whether the unlawful collection of a blood sample violates the Fourth Amendment.