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Univ. of San Diego School of Law

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Friday, November 30, 2007

9th Circuit Decides that DNA Analysis Backlog Elimination Act of 2000 remains constitutional even after Congress expanded that law in 2004 to include as qualifying offenses all felonies

Senior Circuit Judge Betty B. Fletcher dissented in an opinion that begins, "The majority holds, with an air of shrugging inevitability, that without a warrant, without probable cause, indeed without any suspicion whatsoever, the federal government may seize and repeatedly search the DNA of all federal felons on supervised release, regardless of their offense or their likelihood to re-offend. They sanction the inclusion of that DNA in a massive and permanent computer database, the sole purpose of which is to aid generalized criminal investigation. This offends not only the Fourth Amendment but our precedents. I respectfully dissent."

Full Opinion. . . [Mark Godsey, Hat Tip:
Bergeron, Pierre H]

http://lawprofessors.typepad.com/crimprof_blog/2007/12/9th-circuit-dec.html

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