Portions of the DNA Forensic Data Base Act of 1998, which requires that a DNA sample be taken from all adults that are arrested or charged with any felony offense immediately after arrest, violates the Search and Seizure Clause of the California Constitution.  The seizure of a DNA sample shortly after arrest, when an accused is entitled to the presumption of innocence, and there has been no judicial determination of probable cause to determine whether the individual has committed the offense he or she is charged with, violates Art. 1, Sect. 13 of the California Constitution. If this has happened to you, Contact David Foos at 916-779-3500 or This email address is being protected from spambots. You need JavaScript enabled to view it. for someone to vigorously defend your rights should you be charged with a felony. David Foos has over 30 years of experience.