People v. Marquez CA4/3

FACTS

A. Background: Defendant has a very long criminal record, with many convictions, including those for multiple bank robberies. In 2008, defendant was again arrested for bank robbery, based on a DNA “hit.” Defendant filed a suppression motion, and supplement thereto, in which he sought to suppress both a DNA sample collected from him in 2006 and the evidence tying him to the 2008 bank robbery. As noted above, he argued he never could have been linked to the 2008 evidence, and thus the 2008 bank robbery, without the DNA data bank.

B. Stipulation: At the time of the hearing on the suppression motion, the People and defendant stipulated: “[D]efendant was arrested for a violation of Health and Safety Code section 11350(a) in Ventura County on September 29, 2006. October 3, 2006, authorities from Ventura County collected a sample of defendant’s DNA[, without a warrant and without his consent]. The ‘qualifying offense’ listed for the taking of defendant’s DNA [was] ‘PC 459.’ Defendant was never convicted of, or even charged with, the violation of section 11350 in Ventura County. However, defendant had previously been convicted of a felony violation of Penal Code section 459…