Tuesday, June 19, 2007

Give Me Your Tired, Your Poor, Your... DNA.

Banks et al v. United States, -- F.3d --, 2007 WL 1739692 (10th Cir. 6/18/07) - there is no Fourth Amendment violation in requiring nonviolent offenders on parole, supervised release, or probation to submit a DNA sample under the DNA Analysis Backlog Elimination Act of 2000. The Tenth had previously upheld the Act in a challenge by prisoners. The court balances the individual privacy interest against the gov't interest in obtaining info from DNA. The gov't interest in accurately identifying offenders and combatting recidivism wins out (who'd uv thought) over plaintiffs' reduced expectation of privacy and the minimal intrusion entailed in submitting a DNA sample.