InfoAnda - Court Upholds Taking DNA Samples From Indicted Federal Felons

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Home | News Briefs | U.S. | World | Celeb Buzz | Entertainment | Sports | Business | Health | Sci / Tech | Politics | Weird & Offbeat --- Advertisment --- Court Upholds Taking DNA Samples From Indicted Federal Felons May 29, 2009 11:23 a.m. EST --- Advertisment --- Matthew Borghese - AHN Editor Washington, D.C. (AHN) - A federal court has upheld the Bail Reform Act and the DNA Fingerprinting Act, which allows authorities to collect DNA samples from those charged with a federal crime. The ruling is a blow to privacy advocates who want mandatory DNA documentation to be limited to convicted felons, if at all. The case involves a defendant with no prior federal criminal record. He pleaded not guilty and was released on a $25,000 unsecured bond. However, he consented to all the pre-trial conditions except that he must provide a DNA sample. The court then stayed the DNA collection for both parties to brief the issue. At issue is how the DNA is used once it is collected. Under current laws, the sample is provided to the FBI's Combined DNA Index System (CODIS), "a national database that catalogs DNA profiles from numerous sources, including federal and state convicts, persons who have been charged in an indictment or information with a crime, DNA samples recovered from crime scenes, and from relatives of missing persons." According to the FBI, CODIS "allows State and local forensics laboratories to exchange and compare DNA profiles electronically in an attempt to link evidence from crime scenes for which there are no suspects to DNA samples of convicted offenders on file in the system." In his ruling Circuit Court Judge Gregory G. Hollows writes; "in viewing the totality of the circumstances surrounding the instant amendments, 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 violation is caused by a universal requirement that a charged defendant in a felony case 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 law "does not authorize DNA sampling after citation or arrest for infractions or misdemeanors, as in these cases there will be no judicial finding of probable cause soon after the arrest or citation, or no grand jury finding before or after the arrest," Hollows writes. "It does not authorize police officials to perform DNA sampling prior to a judicial finding of probable cause which must be made within 48 hours after arrest and detention." "Again, it is the finding of probable cause on criminal charges which allows the court to set release conditions similar to those of probation and parole, which is the underpinning of the court's holding in this case. Whether DNA sampling could be extended to these situations is a matter reserved for a later day," Hollows added. Copyright © 2003 - 2009 AHN - All rights reserved.Redistribution, republication. syndication, rewriting or broadcast is prohibited without the prior written consent of AHN.License AHN news for your website, business, digital signage network or publication. Home | News Briefs | U.S. | World | Entertainment | Sports | Business | Health | Sci / Tech | Politics | Weird / Offbeat © 2009 AHN Client Login | Submit News | Privacy Policy | Terms of Use | Contact | Content Services All Rights Reserved

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