Opinion
NO. 2018 KW 1361
12-07-2018
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 12-17-0030. BEFORE: McDONALD, CRAIN, AND HOLDRIDGE, JJ.
WRIT GRANTED. The district court's ruling denying the state's motion to compel a DNA sample is reversed. The routine collection of DNA, considered the "fingerprints for the twenty-first century," to identify the arrestee does not violate a reasonable expectation of privacy and requires neither probable cause nor a warrant. See State v. Franklin, 2011-1909 (La. 12/16/11), 76 So.3d 423, 424 (per curiam). Further, the collection of DNA from an arrestee is now a mandatory part of the booking procedure for felony offenses. See La. R.S. 15:609A(1). The state's motion is granted, and this matter is remanded to the district court for futher proceedings.
WJC
JMM
Holdridge, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT