Image: Leanne Maxwell/SFist

We want to like the ACLU, really we do, but sometimes they have to take difficult positions in order to secure legal precedents like privacy rights, as in the case they're arguing now to stop the state of California from doing their mandatory collection of DNA samples from all felony arrestees, even if they're later exonerated. Such DNA collection did, of course, lead to the capture of the Grim Sleeper which our pals down at LAist have been quite excited about. A judge at the 9th Circuit yesterday asked the ACLU how this process was different than collecting fingerprints, and they argue that a swab inside the mouth constitutes an illegal search and seizure.

Um, thoughts?

[Via KQED, SF Gate]

When you're arrested for a felony in the state of California, so is your DNA. The Golden State takes a DNA sample from everyone arrested for a felony, any felony, whether or not they’re eventually charged with a crime, much less convicted. But this isn't limited to rapists, puppy killers, and other violent offenders. This can apply to things like, say, drug arrests, those wrongfully arrested due to police misconduct, busted for writing a bad check, and people who've been arrested during political demonstrations. Not so free speech-y when you get your DNA is taken after expressing said right to free speech, right? Right.

Take, for example, Lily Haskell. She was arrested at a "peace rally" in San Francisco earlier this year. According to the lawsuit, Haskell, who was attending an Iraq War protest at Civic Center, was busted for "taking a person from police custody," which is a felony.

ACLU has more on her story:

In March 2009, Lily Haskell attended a peace rally in San Francisco and was arrested. She was not charged with a crime and was quickly released, but not before being required to provide a DNA sample.

"When your DNA is taken after an arrest at a political demonstration, it can have a silencing effect on political action," said Haskell. "Now my genetic information is stored indefinitely in a government database, simply because I was exercising my right to speak out."

Though people like Haskell can get their DNA expunged from the state database, it's a tedious and lengthy process.

Lovelle Mixon, the Oakland cop killer who fatally shot four Oakland police officers and was, thankfully, brutally killed himself, also raped two women the day before he died, according to DNA evidence released on Monday. In addition to raping a 12-year-old girl in February, the former piece of human waste robbed and raped two women at gunpoint. The victims, according to SF Chronicle, were attacked by Mixon a little before 6 a.m. on March 21 "as they set up a cart from which they sold food to day laborers at High Street and International Boulevard."" Lovelle pulled a handgun on the women, ages 21 and 23, robbed them and forced them a to walk to 45th Avenue and San Leandro Street, where he raped them. This newest bit of info on Mixon, however, does little to comfort those affected by his unfortunate existence. Sgt. Dom Arotzarena, president of the Oakland Police Officers Association, said, "It doesn't change what happened. All it says is, to his supporters -- this is who you're supporting. Congratulations for supporting a monster. It doesn't really matter, though, because in the end, it doesn't bring the guys back."