FORCED DNA TESTING OF NON-VIOLENT DRUG CONVICT HELD CONSTITUTIONAL
The Ninth Circuit here holds that the amendment that allows DNA collection from all felons on supervised release, even those with nonviolent offenses, passes constitutional muster.
The Ninth Circuit looks to the need to monitor the supervisees, combat recidivism, and the diminished expectation of privacy. Mainly though, according to B. Fletcher in dissent, the Ninth Circuit permits it with a "shrug of inevitability."
What Betty? Throw in the towel because you think it's invitable?
Fletcher worries that DNA collection does invade privacy and the breach serves no overriding government purpose given that the defendant here is nonviolent (drug offense) and the record does not support such a need.
But... what the heck.
U.S. v. Kriesel, No. 06-30110 (11-29-07).
