DNA Sample Requested

[bobseger]

I was just informed I have to submit my DNA for my probation. I have seen articles where that policy was ruled unconstitutional by the federal courts. Anyone know about this?

[gigirle]

The federal court ruled it was OK to get DNA for those who are federal parolees. Sorry Bob....gotta submit!

[bobseger]

Federal judge rejects law forcing DNA testing for felons


United States District Court, Eastern District of California

The Associated Press

SACRAMENTO, Calif. (November 7, 12:23 p.m. AST) - A federal judge declared unconstitutional a law requiring felons on federal probation to submit to DNA testing.
The ruling involves the DNA Analysis Backlog Elimination Act, signed by President Clinton in 2000, which mandates DNA samples be taken from anyone convicted of violent offenses such as homicide, sex crimes, kidnapping or robbery.

U.S. District Judge William Shubb ruled last week that forcing offenders on probation to give blood to a national DNA databank violates the Fourth Amendment's prohibition against unreasonable searches.

"Because the act authorizes suspicionless searches primarily for general law enforcement purposes, it is unconstitutional," Shubb wrote.

The ruling does not affect the collecting of DNA samples from prisoners.

The government has not decided whether to appeal, U.S. Attorney John Vincent said.

The law was challenged by Danny Miles, who was on supervised release after his conviction for being a felon in possession of a firearm. Miles refused to submit to a DNA test.

All states and the District of Columbia have established DNA databases, which are linked by a national computer system maintained by the FBI.



I found this on line in 5 minutes. What does this mean?

[jk]

I found this on line in 5 minutes. What does this mean?

You type faster than me?

[seniorjudge]

http://findarticles.com/p/articles/m...7/ai_n15957775

[gigirle]

Someone please clairfy for me...this only applies to blood samples correct? I am under the impression that cheek swab is good.
I'm finding conflicting stuff on this. Anyone else?

[cdwjava]

I was just informed I have to submit my DNA for my probation. I have seen articles where that policy was ruled unconstitutional by the federal courts. Anyone know about this?

Two questions:

What state are you on probation in? And what is the nature of the offense for which you are on probation?

If you are not on FEDERAL PAROLE that ruling you cited would appear to have no effect. State law and the specific offense would make a difference here.

- Carl