Court Rules OK to Extract DNA from Arrestee Without Conviction

In a case of first impression, a federal magistrate judge in California has ruled that it is constitutional to take DNA samples from individuals at the time of arrest for a felony.  The laws in question are the Bail Reform Act, 18 U.S.C. § 3142(b) and (c)(1)(A), and DNA Fingerprinting Act of 2005, 42 U.S.C. § 14135a.  The case is U.S. v. Jerry Albert Pool, (CR S-09-0015 EJG GGH, Eastern District of California, May 27, 2009).

From the opinion:

The court holds that after a judicial or grand jury determination of probable cause has been made for felony criminal charges against a defendant, no Fourth Amendment or other Constitutional violation is caused by a universal requirement that a charged defendant undergo a “swab test,” or blood test when necessary, for the purposes of DNA analysis to be used solely for criminal law enforcement, identification purposes.

The full opinion is here, and a news analysis from the ever thoughtful Declan McCullagh at CNET News is here.  Thanks, Declan, for a link to the case.  [MG]