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Appellate Law

: Appellate Law and Practice

CA1: First continues to bend on DNA collection

By S. COTUS

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US v. Soto, No. No. 07-1245, 07-1250 reverses the District Court?s decision which held that ?requiring DNA collection from non-violent felons who are sentenced to probation violates the Fourth Amendment.?  After the District Court entered its decision, the First decided to defer to the government on this.  Because I don?t think that the First is taking this issue too seriously, I am not going to take their opinion that seriously.

In this case, the defendant was a probationer (rather than on supervised release).  But, it is pretty clear where the First is going on this.

Full post as published by Appellate Law and Practice on July 07, 2008 (boomark / email).

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