KPBS Midday Edition

ACLU Files Lawsuit Against SDPD Over Juvenile DNA Policy

By Maureen Cavanaugh / KPBS Midday Edition Co-Host, Marissa Cabrera / News Producer, KPBS Midday Edition

Published February 16, 2017 at 8:36 AM PST

This story was published more than 7 years ago.

Teens head out after class at a San Diego County high school.

ACLU Files Lawsuit Against SDPD Over Juvenile DNA Policy

ACLU Files Lawsuit Against SDPD Over Juvenile DNA Policy GUESTS: Kelly Davis, freelance journalist Bardis Vakili, senior staff attorney, ACLU San Diego and Imperial Counties

Under California’s Proposition 69, which was approved by voters in 2004, law enforcement agencies are allowed to collect DNA samples from all felons.

Yet, the San Diego Police Department is reportedly collecting DNA samples from juveniles who haven’t been charged with a crime.

The American Civil Liberties Union of San Diego and Imperial Counties filed a lawsuit this week against SDPD over a department policy that allows officers to collect DNA from juveniles, without a warrant, as long as they get signed consent from the minor. The policy does not require parental notification.

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The lawsuit argues a minor’s consent isn’t enough and the department’s policy side steps state law prohibiting such collection.

Voice of San Diego contributor Kelly Davis wrote this week about the case that prompted the lawsuit.

We reached out to the police department for comment. In a statement, department spokesman Lt. Scott Wahl wrote:

“We have just been made aware of the lawsuit filed by the ACLU. This case is pending litigation we therefore cannot comment further.”

Davis and Bardis Vakili, senior staff attorney with the ACLU discuss the city’s controversial juvenile DNA policy Thursday on Midday Edition.

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Maureen Cavanaugh

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Maureen Cavanaugh has been a familiar voice for KPBS listeners for more than 15 years, serving in a variety of capacities including announcer, host, and producer. As host of KPBS Midday Edition, Maureen has interviewed a wide range of notables, such as comedienne Sandra Bernhardt, actor John Lequizamo, author Chuck Palahniuk, composer Marvin Hamlisch, artist Robert Irwin, and designer Zandra Rhodes. But of all the interviews Maureen has conducted, her most special was with His Holiness, the Dalai Lama. Before joining KPBS in 1997, she worked as a news anchor for KSDO and KOGO News Radio in San Diego. While working for commercial radio stations in San Diego and in Salt Lake City, Utah, Maureen reported on both hard news and lifestyle features. Maureen has received three "Golden Mike" awards from the Radio and TV News Association of Southern California for economic reporting and breaking news. She has also received a "Best of Show" and “Best Radio Newscast” awards from the San Diego Press Club and the "Flo" Award from Public Radio Program Directors Association for Best Public Radio Announcer in a large market. Maureen is a native of Queens, New York, but after more than 20 years in San Diego she feels she qualifies as a real Southern Californian.

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Marissa Cabrera

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Marissa Cabrera worked as a producer for KPBS Midday Edition and had previously served as a Newscast Producer for KPBS' Morning Edition. Before joining KPBS she reported on Vatican affairs, social, and cultural issues in Rome, Italy. She also contributed to a documentary on sex abuse in the Catholic Church. Marissa has worked as a multimedia journalist at various news stations in San Diego and Monterey as well as Columbia, Missouri. Marissa graduated from the University of Missouri-Columbia with a bachelor's degree in broadcast journalism.

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