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CA1: Probationer who completes probation can't bar later use of DNA in CODIS

By John Wesley Hall, Jr.

A probation who completed his probation who had DNA taken for his false statements offense had no right to keep the government from ever using his DNA. However, the court leaves open the possibility that other, more intrusive, uses of DNA may be actionable. Boroian v. Mueller, 2010 U.S. App. LEXIS 16747 (1st Cir. August 11, 2010).* We recognize, as we did in Weikert, the possibility that the government may eventually seek to put Boroian’s retained DNA profile to uses that go beyond the mere matching of identification records, thereby making the fingerprint analogy less powerful and providing the basis for an argument that a new search has occurred. For example, “scientific advances might make it possible to deduce information beyond identity from the junk DNA” that forms the thirteen-loci profiles stored in CODIS...continue to full post

Full post as published by Fourth Amendment on August 14, 2010 (boomark / email).