## Facts

- California’s DNA Fingerprint, Unsolved Crime and Innocence Protection Act (DNA Act) requires DNA collection (via cheek swab) from persons arrested for felony offenses, along with other identification measures.
- San Francisco police arrested Mark Buza on arson-related felony charges after observing him running from a police vehicle and finding items associated with starting fires.
- During jail booking, an official told Buza he was required to provide a DNA sample by buccal (cheek) swab; Buza refused.
- The next day, a judicial officer found probable cause for Buza’s arrest.
- Prosecutors charged Buza with arson-related felonies and a misdemeanor for refusing to provide a DNA specimen required by the DNA Act.
- A jury convicted Buza of the felony charges and the misdemeanor refusal offense.
- After intermediate appellate proceedings and reconsideration following intervening federal precedent on arrestee DNA collection, the California Supreme Court reviewed whether the DNA Act was constitutional as applied to Buza.

## Issues

1. Whether requiring a felony arrestee to submit to a cheek-swab DNA sample as part of routine jail booking after a probable-cause determination is an unreasonable search under the Fourth Amendment.
2. Whether the same requirement is an unreasonable search under article I, section 13 of the California Constitution.
3. Whether the DNA Act is constitutional as applied to Buza’s circumstances, and whether refusal may be punished under the statute.

## Decision

- The California Supreme Court reversed the judgment setting aside Buza’s misdemeanor refusal conviction.
- The court held that requiring Buza to provide a DNA sample by cheek swab during routine booking, following a valid felony arrest and a judicial probable-cause finding, was a reasonable search under the Fourth Amendment.
- The court held the same search was reasonable under article I, section 13 of the California Constitution on these facts.
- Because the DNA collection requirement was lawful as applied, Buza was subject to statutory misdemeanor penalties for refusing to provide the sample.

## Legal Principles

- A cheek-swab DNA sample taken from a felony arrestee as part of routine booking after a valid arrest supported by probable cause may be a reasonable search under the Fourth Amendment when governmental identification and custodial interests outweigh the arrestee’s diminished privacy interests.
- Under article I, section 13 of the California Constitution, a court may reach the same reasonableness result where no persuasive basis exists to apply a stricter state standard on the particular facts presented.
- An as-applied holding may be limited to felony arrestees in routine booking circumstances following a probable-cause determination, without resolving all possible applications of the DNA Act.
- When the DNA Act validly requires a DNA sample, refusal to comply may be punished under the statute prescribing penalties for noncompliance.

## Conclusion

The court upheld California’s DNA-collection requirement as applied to a felony arrestee ordered to submit to a cheek-swab sample during routine booking after a judicial finding of probable cause, and it reinstated the misdemeanor conviction for refusing to provide the required specimen.


People v. Buza, 413 P.3d 1132 (Cal. 2018)