Posted On: October 2, 2007
PROBATION CAN MAKE DEFENDANT ON SUPERVISED RELEASE PROVIDE A DNA SAMPLE
US v. Lujan, No. 02-30237 (10-2-07).
The government extracts its pound of flesh, and the probation office joins in with a blood sample. This is a challenge to the DNA collection on supervised release. The defendant's supervised release terms did not include DNA sample collection. The DNA Act came into effect, and she challenged collection.
Alas, the 9th Circuit holds that Kincade, 379 F.3d 813 (9th Cir. 2004) (en banc) and Reynard, 473 F.3d 1008 (9th Cir. 2007) control. Reynard rejected an ex post facto challenge and Kincade rejected a Fourth Amendment challenge. The analysis in Reynard also forecloses a bill of attainder (punishment) challenge. The 9th Cirxuit, finally, also dismisses the separation of powers argument.
