April 4, 2007
Second Circuit rejects challenge to DNA collection from probationers convicted of non-violent crimes
The Second Circuit today in US v. Amerson, No. 05-1423 (2d Cir. Apr. 4, 2007) (available here), has joined other circuits in upholding, against a Fourth Amendment challenge, provisions of federal law calling for DNA collection from all federal offenders. Here is the thoughtful opinion's concluding paragraph:
Taking and storing samples of DNA under the restrictions of the DNA Act fulfills many important governmental interests, only some of which are limited to the criminal history of the subjects of the DNA testing. The invasion of privacy, both immediate, and long term, from DNA testing of convicted felons — even those convicted of non-violent crimes and sentenced only to probation — is, given the safeguards of the 2004 DNA Act, relatively small. Accordingly we conclude that the 2004 DNA Act, as applied to appellants, does not constitute an unreasonable search or seizure and hence does not violate the Fourth Amendment.
UPDATE: At AL&P, S.COTUS explains here why he is not too impressed with the Second Circuit's analysis in Amerson.
April 4, 2007 at 04:52 PM | Permalink
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» CA2: the Second figures out just how "special" a need is from Appellate Law
In US v. Amerson, the Second Circuit does some strange things with the practice (i.e. The Justice For All Act of 2004, Pub. L. No. 108-405, 118 Stat. 2260 and § 503 of the PATRIOT Act) of taking DNA samples [Read More]
Tracked on Apr 5, 2007 12:25:25 PM
"I believe there are more instances of the abridgment of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations." James Madison
"All men having power ought to be mistrusted." James Madison
Posted by: George | Apr 5, 2007 3:23:43 PM