Legal Opinion
Coffey v. Superior Court
California Court of Appeal
Decided June 16, 2005No. A108693PublishedCited by 18 opinions
1Opinion of the Court
Opinion
STEVENS, Acting P. J.
Tariq Coffey (Coffey) seeks a writ of mandate requiring the trial court to order the return of DNA samples taken under the purported authority of Penal Code section 295 et seq. (DNA and Forensic Identification Database and Data Bank Act of 1998) (hereafter, the DNA Database Act). Although he pled guilty to a “wobbler” as a felony and the DNA samples were collected, the charge was subsequently reduced pursuant to section 17, subdivision (b), and he was sentenced to a misdemeanor. Coffey contends the samples were obtained in violation of his rights under the Fourth…
2Cases cited21 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- People v. OsbandCalifornia Supreme Court · 1996
- People v. Superior CourtCalifornia Supreme Court · 1997
- People v. PietersCalifornia Supreme Court · 1991
- United States v. Thomas Cameron KincadeCourt of Appeals for the Ninth Circuit · 2004
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3Cited by18 opinions
- People v. TravisCalifornia Court of Appeal · 2006
- People v. C.B. (In Re C.B.)California Supreme Court · 2018
- People v. J.C.California Court of Appeal · 2016
- People v. Laird, California Court of Appeal, 5th District2018
- People v. C.H.California Court of Appeal · 2016
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