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People v. Buza

413 P.3d 1132 (2018)

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People v. Buza

California Supreme Court
413 P.3d 1132 (2018)

Facts

Police arrested Mark Buza (defendant) for arson and arson-related felonies. During booking, law enforcement informed Buza that California’s DNA Act required Buza to provide a DNA sample by cheek swab. Buza refused. In addition to arson and arson-related felonies, the state (plaintiff) then charged Buza with refusing to provide a DNA sample, a misdemeanor offense. Buza was convicted of arson, the arson-related felonies, and the misdemeanor offense of refusing to provide a DNA sample. Buza appealed the misdemeanor conviction, challenging the DNA Act as applied to various types of arrestees.

Rule of Law

Issue

Holding and Reasoning (Kruger, J.)

Dissent (Cuéllar, J.)

Dissent (Liu, J.)

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