Case Note: People v. Buza

Abstract

This case note discusses People v. Buza, the US State and federal Constitutional issues that it raises, and the potential societal impact from an ethical standpoint. Specifically, this case involving DNA collection of California arrestees raises issues as to the Fourth Amendment which protects against unreasonable searches and seizures. The note also examines Buza's progeny which, aside from the DNA collection itself, raises privacy concerns as to the uploading of actual DNA profiles to a common database. Ethical concerns raised include future societal constructions of social class and genetic engineering. The note concludes that the judiciary is lax in its interpretation of cases involving DNA as technological advancements continue to hurdle forward. Privacy, DNA Profile, Fourth Amendment, DNA Identification, Genetic Engineering

Editorial Note

“…Kolovos & Brewer discuss the constitutional concerns of the case and offer a discussion of social class and genetic engineering in light of Gattaca. 22 As most cinephiles will remember, Gattaca draws on concerns over reproductive technologies that facilitate eugenics, and the possible consequences of such technological developments for society. 23 The authors explore genetic privacy and nondiscrimination laws and consider the sociological and legal implications if a situation similar to Gattaca were to occur in the future.…”