Shults

Petitioner herein is the mother of two minor children, a son from a dissolved marriage, and a daughter (Tanya) born in July 1977. Petitioner had been receiving monthly aid to families with *698 dependent children grants under the “absent parent” category for the son since March of 1976 and for Tanya since March of 1977.

Charges of welfare fraud (Welf. & Inst. Code, § 11483) and perjury (Pen. Code, § 118) were filed against petitioner in October 1979, and a preliminary hearing was held on November 8 and 9, 1979. Petitioner was held to answer, and on November 13, 1979, an information was filed charging one count of “fraudulent receipt of aid for child” between November 1976 and July 1979 and 35 counts of perjury from January 1977 to July 1979. The charges for the period preceding March 1977 apparently relate to petitioner’s alleged failure to report the presence of an unrelated adult male in her home; the later charges apparently relate to an additional allegation of failure to report the presence there of Tanya’s father.

On February 5, 1980, the Butte County District Attorney noticed a motion for an order for production of blood samples from petitioner and Tanya to…

I dissent.

The majority would weaken the constitutional protections guaranteed by the Fourth Amendment, Fifth Amendment and the Ninth Amendment (right of privacy) to aid the prosecution’s theory that defendant received AFDC funds for her minor child when she failed to report that a male was living in her home. The majority requires both defendant and her three-year-old daughter, Tanya, who is not a party, to submit to blood sampling.

*701 Let us examine Tanya’s situation. I agree with the majority that under People v. Browning (1980) 108 Cal.App.3d 117 [ 116 Cal.Rptr. 293 ], a law-abiding citizen (Tanya) is entitled to the same Fourth Amendment protections as a criminal defendant (her mother). However, I am bewildered by the majority’s refusal to grant her those protections. Tanya is three years old, not a party, and unrepresented by counsel in these proceedings. She is not the victim of a crime, nor is Tanya a witness to the crimes charged.

When dealing with the intrusion into the body or privacy of victims and witnesses, the courts appear to express no sound public policy which guides them, but rather “have developed an attitude resting uncomfortably somewhere between studied…

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Gregory W. Baugher and James Ching, Deputy Attorneys General, for Real Party in Interest.

OPINION

PARAS, Acting P.J.

Petitioner herein is the mother of two minor children, a son from a dissolved marriage, and a daughter (Tanya) born in July 1977. Petitioner had been receiving monthly aid to families with dependent children grants under the "absent parent" category for the son since March of 1976 and for Tanya since March of 1977.

Charges of welfare fraud (Welf. & Inst. Code, § 11483) and perjury (Pen. Code, § 118) were filed against petitioner in October 1979, and a preliminary hearing was held on November 8 and 9, 1979. Petitioner was held to answer, and on November 13, 1979, an information was filed charging one count of "fraudulent receipt of aid for child" between November 1976 and July 1979 and 35 counts of perjury from January 1977 to July 1979. The charges for the period preceding March 1977 apparently relate to petitioner's alleged failure to report the presence of an unrelated adult male in her home; the later charges apparently…