usregimechange's Journal - US 3rd Circuit approves warrantless DNA search and seizure

Press Headline/article

U.S. Appeals Court: OK to check DNA of those arrested
Monday, July 25, 2011
By Rich Lord, Pittsburgh Post-Gazette

A closely divided 3rd U.S. Circuit Court of Appeals has found that the collection of DNA samples from people arrested -- but not yet convicted -- of crimes is constitutional, in an opinion released today.

In a precedent-setting ruling, the appeals court rejected U.S. District Judge David S. Cercone's 2009 order finding that law enforcement could not collect DNA from Ruben Mitchell, who faces a federal charge of attempting to possess and distribute five kilograms or more of cocaine. Judge Cercone had found that requiring pre-trial detainees to submit DNA samples, which is done under the DNA Analysis Backlog Elimination Act of 2000, violates the 4th Amendment's search and seizure rules.

In an 8-6 ruling, the circuit judges found that people who are arrested have "a diminished expectation of privacy in their identities." Outweighing their privacy, they found, is the importance to law enforcement of correctly identifying people who are charged with crimes, determining their criminal history, potentially linking them to unsolved crimes and promptly ruling out involvement in a crime in cases in which the DNA does not match that found at the scene.

Read more: http://www.post-gazette.com/pg/11206/11628...

Majority

In sum, under the totality of the circumstances, given arrestees‘ and pretrial detainees‘ diminished expectations of privacy in their identities and the Government‘s legitimate interests in the collection of DNA from these individuals, we conclude that such collection is reasonable and does not violate the Fourth Amendment." -Majority

FUENTES (Clinton), Circuit Judge, with whom Circuit Judges SLOVITER (Carter), SCIRICA (Reagan), SMITH (G.W. Bush), FISHER (G.W. Bush), CHAGARES (G.W. Bush), JORDAN (G.W. Bush), and HARDIMAN (G.W. Bush), join, and AMBRO (Clinton) joins as to Part III only.

Dissent

"...the Government‟s program of warrantless, suspicionless DNA collection from arrestees and pretrial detainees is fundamentally incompatible with the Fourth Amendment." -Dissent

RENDELL (Clinton), Circuit Judge, with whom Circuit Judges McKEE (Clinton), Chief Judge, BARRY (Clinton, senior status judge), GREENAWAY, JR. (Obama), and VANASKIE (Obama) join, and AMBRO (Clinton) joins as to Part II only, dissenting.

http://www.ca3.uscourts.gov/opinarch/09471...

*Note: Judge Maryanne Trump Barry, a Clinton appointee, assumed senior status a few days but appears to be acting as an active judge until there is a replacement.