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By Shari Allison

It is constitutional to require persons accused of federal felonies to give a DNA sample as a condition of granting bail, the Ninth Circuit held. The Court found it was reasonable because the sample was only demanded after a judge had determined that there is probable cause to support the charges. The government's interests outweighed any privacy interests the person might have in his or her DNA. The physical intrusion is "minimal." Concurring, Judge Lucero reasoned that, because the DNA collection was pursuant to a federal statute and program, the intrusions were not random or arbitrary. Judge Schroeder dissented, and would have continued to restrict the collection of DNA to those actually convicted of crimes. US v. Pool, No. 09-10303, 2010 WL 3554049 (9th Cir...continue to full post

Full post as published by Tenth Circuit Blog on October 15, 2010 (boomark / email).