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CA9: Forced (and erroneous) taking of DNA from a prison inmate violated the Fourth Amendment, but qualified immunity applied

By John Wesley Hall, Jr.

Forced taking of DNA from a prison inmate violated his Fourth Amendment rights because his offense was not a qualifying offense under California law, but defendants were entitled to qualified immunity from suit. Koch v. Lockyer, 2009 U.S. App. LEXIS 15624 (9th Cir. July 15, 2009) (unpublished): Prisoners have diminished privacy rights, and as such, limited freedom against searches and seizures of their body, including the collection of their DNA. Cf. United States v. Kriesel, 508 F.3d 941, 947 (9th Cir. 2007). However, even the limited security right Koch had against forcible extraction of his DNA outweighs the government's interest in obtaining his DNA, since the state legislature had not expressed such an interest at the time his DNA was collected...continue to full post

Full post as published by Fourth Amendment on July 17, 2009 (boomark / email).