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Constitutional Law,
Criminal,
Data Privacy

Mar. 17, 2022

California’s feeble privacy right is cold comfort

San Francisco’s District Attorney Chesa Boudin recently revealed that the city’s police department has a practice of saving DNA from crime victims in a database, which can be used to identify them as suspects in unrelated crimes. Morally wrong as it may be, courts are unlikely to find that this practice violates our anemic state constitutional privacy right.

Brandon V. Stracener

Email: bstracener@bgwcounsel.com

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David A. Carrillo

Executive Director
California Constitution Center at Berkeley Law.

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San Francisco's District Attorney Chesa Boudin recently revealed that the city's police department has a practice of saving DNA from crime victims in a database, which can be used to identify them as suspects in unrelated crimes. Boudin charged that this practice violates California's constitutional privacy guarantee. Morally wrong as it may be, courts are unlikely to find that this practice violates our anemic state constitutional privacy right.

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