Right to Privacy

Name: People v. Roberts
Case #: C081843
Opinion Date: 08/20/2021
  • Categories: Areas Constitutional Law, Arrest, DNA, Evidence, Right to Privacy, Scientific Evidence, Search & Seizure

Summary

California's DNA Act did not violate defendant's search and seizure rights or privacy rights under either the federal or state constitutions. A teenage girl's murder went unsolved until defendant's DNA was linked to certain items found at the scene. Defendant's…

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Name: In re Ricardo P.
Case #: A144149
Opinion Date: 10/22/2015
  • Categories: Areas Constitutional Law, Probation, Probation / Parole / PRCS, Right to Privacy, Searches

Summary

Juvenile probation condition that permitted electronic searches of minor's cell phone and the electronic accounts accessible through the device was unconstitutionally overbroad. Ricardo admitted two felony counts of first degree burglary and the juvenile court declared him a ward and…

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Name: People v. Rebulloza
Case #: H040847
Opinion Date: 02/27/2015
  • Categories: Areas Constitutional Law, Probation, Probation / Parole / PRCS, Right Against Self-incrim, Right to Privacy

Summary

Probation condition requiring a sex offender to waive his privilege against self-incrimination (Pen. Code, § 1203.067, subd. (b)(3)) violates the Fifth Amendment. Rebulloza pled no contest to felony indecent exposure (Pen. Code, § 314, subd. (1)). He was granted a…

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Name: People v. Lowe
Case #: D059007
Opinion Date: 12/04/2013
  • Categories: Admin Searches, Areas Constitutional Law, Arrest, Civil Rights, Incident to Lawful Arrest, Right to Privacy, Search & Seizure, Searches w/o Warrant

Summary

Mandatory taking of DNA samples without a warrant from persons arrested for felonies does not violate the Fourth Amendment. After Lowe's arrest for a felony offense, police took a buccal swab DNA sample from inside his cheek without a warrant.…

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Name: United States v. King
Case #: 11-10182
Opinion Date: 08/01/2012
  • Categories: Areas Constitutional Law, Civil Rights, Right to Privacy, Search & Seizure, Searches w/o Warrant

Summary

The Ninth Circuit overruled cases to the extent they hold there is no constitutional difference between probationers and parolees for Fourth Amendment purposes. The court overruled a number of cases with respect to their holdings there is no "constitutional difference…

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Name: People v. Leon
Case #: S137137
Opinion Date: 01/25/2007
  • Categories: Areas Constitutional Law, Right to Privacy, Search & Seizure, Searches w/o Warrant

Summary

Although California law in general prohibits wiretapping, Penal Code section 629.52 authorizes law enforcement officials to apply for a court order to intercept wire communications if there is probable cause to believe that (1) an individual has committed, is committing…

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Name: People v. McCray
Case #: B188049
Opinion Date: 10/26/2006
  • Categories: Areas Constitutional Law, Due Process, Right to Privacy

Summary

Following his conviction for controlled substance offenses, appellant was ordered to provide DNA specimens and samples pursuant to Penal Code section 296. On appeal, appellant did not challenge his conviction, but challenged the constitutionality of the DNA and Forensic Identification…

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