Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA9: Pretrial DNA sampling reasonable

By John Wesley Hall, Jr.

DNA sampling as a condition of pretrial release, 18 U.S.C. § 3142(b) and (c)(1), is upheld under the special needs test and every other challenge. The challenge of invasion of familial privacy is brushed off. United States v. Pool, 09-10303 (9th Cir. September 14, 2010): Addressing Pool’s concerns in inverse order, it is not clear that familial comparisons raise a constitutional privacy issue or, if they do, whose interests are violated. The concern with familial comparisons or partial matching is that a review of CODIS may disclose an individual whose DNA does not match precisely to crime scene DNA from a perpetrator, but is close enough to create a probability that the perpetrator is a close relative to the identified individual...continue to full post

Full post as published by Fourth Amendment on September 15, 2010 (boomark / email).