DNA Collection Program Run by Orange County DA Can Face Challenge

Sterne, Kessler, Goldstein & Fox was mentioned in the article “DNA Collection Program Run by Orange County DA Can Face Challenge,” published by the Daily Journal. Last fall, a Sterne Kessler team filed an amicus brief in the California Court of Appeal on behalf of various law professors in a case involving a taxpayer challenge to the constitutionality of Orange County, CA’s so-called “Spit and Acquit” DNA collection program. The pro bono team representing the law professor amici included Director William H. Milliken, Counsel Richard A. Crudo and Christina E. Dashe, and former Associate Junru Yu. Read more about the case here.

The Daily Journal writes:

“Last fall, attorneys from Sterne, Kessler, Goldstein & Fox in Washington, D.C. filed an amicus brief in the case for law professors supporting the plaintiffs. On Thursday, the firm issued a statement that read: ‘The law professors we represent as amici believe that DNA technology has a valuable place in the criminal justice system but should be used responsibly and cautiously, and not in such a manner that erodes individuals’ constitutional rights. As such, we are pleased with the California Court of Appeal’s decision. While the decision does not itself resolve the question of whether Orange County’s DNA collection program is constitutional, it essentially allows the plaintiffs to proceed with their lawsuit so they can acquire more information that would support their constitutional claims.’

‘We believe that this is an important step for addressing the constitutionality of the program, and we look forward to supporting the plaintiffs in their continued efforts in this case,’ the statement continued. ‘This ruling could serve as the first step in curtailing counties and law enforcement agencies from using under-regulated, non-statutory programs to unconstitutionally collect DNA for investigative purposes.'”