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E.D.Cal.: DNA sampling after indictment is constitutional under "special needs"

By John Wesley Hall, Jr.

DNA sampling after indictment under federal regulations [adopted under 42 U.S.C. § 14135a, 28 CFR Part 28, 73 FR 74932] is constitutional under the "special needs" exception. The court analyzed the DNA testing on conviction cases and concluded that "special needs" exception was appropriate here. (While this issue is being litigated all over, this is the first to come across Lexis, and it was decided two months ago, so there likely are others.) United States v. Pool, 2009 U.S. Dist. LEXIS 64149 (E.D. Cal. May 27, 2009): Defendant argues that the situation here involving non-convicted, but charged defendants is different. Therefore, the court must use the "special needs" test because unlike the Kincade line of cases, defendant has not been convicted and has a presumption of innocence...continue to full post

Full post as published by Fourth Amendment on July 30, 2009 (boomark / email).