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US v. Kincade (9th Cir. August 18, 2004) - mandatory DNA profiling and the 4th Amendment

By Tom Lincoln

Recommended reading: U.S. v. Kincade, No. 02-50380 (9th Cir. August 18, 2004). Topic: whether the Fourth Amendment permits compulsory DNA profiling of certain conditionally-released federal offenders in the absence of individualized suspicion that they have committed additional crimes. As the majority opinion states: Pursuant to the DNA Analysis Backlog Elimination Act of 2000 (?DNA Act?), Pub. L. No. 106-546, 114 Stat. 2726 (2000), individuals who have been convicted of certain federal crimes and who are incarcerated, or on parole, probation, or supervised release must provide federal authorities with ?a tissue, fluid, or other bodily sample . . . on which a[n] . . . analysis of th[at sample?s] deoxyribonucleic acid (DNA) identification information? can be performed...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on August 19, 2004 (boomark / email).