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Criminal Law

: The Criminal Defense Blog

District Judge: Felony Suspects Must Submit DNA

By Chris

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A U.S. District Court judge ruled that mandatory DNA collection for all felony suspects is constitutional, dealing a major blow to civil rights advocates and criminal defense attorneys. Judge Gregory J. Hallows on Thursday upheld the 2006 DNA Fingerprint Act, a federal law that allows law enforcement officers to collect DNA from anyone “arrested, facing charges, or convicted” of felony crimes. The case before Judge Hallows involved a California man arrested on child pornography charges who refused to submit to a DNA swab test, arguing that it violated his Fourth Amendment rights against unreasonable search and seizure. Civil rights advocates, including the American Civil Liberties Union, argue that allowing police to collect DNA from anyone arrest, not just convicted, of a felony crime opens a door for abuse...continue to full post

Full post as published by The Criminal Defense Blog on May 29, 2009 (boomark / email).

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