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DNA Database Cases

 

 

This page presents legal decisions concerning statutory schemes requiring convicted felons to submit DNA samples for identification and database purposes. There are many cases upholding these statutes and a list of citation is provided here. Database case.PDF

Recently renewed challenges to DNA database statutes based on the Fourth Amendment have arisen. Cases addressing those issues are listed below:

  1. U.S. v. Kimler, U.S. Court of Appeals, Tenth Circuit, No. 02-3097, July 7, 2003. kilmer.PDF
  2. U.S. v. Kincade, U.S. Court of Appeals, Ninth Circuit, No.02-500380, Oct. 2, 2003. kincade.PDF Kincade #2 kincade2.PDF
  3. U.S. v. Sczubelek, U.S. District Court Delaware, No. CRIM.A.94-8-SLR, April 2, 2003. sczubelek.PDF
  4. Nicholas v. Goord, U.S. District Court, S.D. New York, No. 01Civ.7891(RCC)(GWG), Feb. 6, 2003. goord.PDF
  5. Roe v. Marcotte, U.S. Court of Appeals, Second Circuit, No. 98-2790, Sept. 16, 1999 marcotte.PDF
  6. U.S. v. Plotts, U.S. Court of Appeals, Tenth Circuit, No. 02-3412, Oct. 22, 2003. plotts.PDF
  7.  7. Maryland v. Raines, Maryland CA No.129 August 26, 2004. raines.PDF
  8. Coffey v. Superior Court, California CA Div. 5, No. A108693, 5/24/05 (A defendant convicted, on a felony complaint, of an offense punishable as either a felony or misdemeanor may be compelled to give a DNA sample, and is not entitled to have information deleted from the state's DNA bank if the offense is eventually determined to be a misdemeanor.) coffey.PDF
  9. John Doe, et al. v. Moore, U. S. Court of Appeals Eleventh Circuit, No. 04-10279, June 6, 2005. John Doe v. Moore.pdf
  10. US v. Johnson, US Court of Appeals Third Circuit, 6/14/05. johnson.PDF
  11. U.S. v. Fazzini --- F.3d ----, 2005 WL 1567308 C.A.7 (Ill.), 6/6/05. Fazzini.pdf
  12. U.S. v. Kraklio, U.S. Court of Appeals, 8th CIRCUIT, No. 06-1369, 6/27/06, No Fourth Amendment violation in the required DNA sampling of individuals on probation, parole or supervised release following federal criminal convictions. US v. Kraklio.pdf
  13. U.S. v. Conley, U.S. Court of Appeals, 6th Circuit. No. 05-5900 7/7/06, (an order of the district court requiring defendant to submit to blood sampling for DNA pursuant to 42 U.S.C. section 14135a, which was imposed as part of her sentence pursuant to a guilty plea to bank fraud, is affirmed over claims that: 1) the collection of her DNA violated the Fourth Amendment, as a search required some individualized suspicion of wrongdoing; 2) the DNA testing did not meet the requirements of the "special needs" doctrine; and 3) the search failed the "totality of the circumstances" test). U.S. v. Conley.PDF
  14. Banks v. U.S., U.S. Court of Appeals, 10th Circuit. No. No. 06-5068 6/18/07, (the court applied the totality-of-circumstances test in upholding the Federal DNA database statute). Banks et al v. US.PDF
  15. U.S. v. Lujan, U.S. Court of Appeals, Ninth Circuit, No. 02-30237, Oct. 2, 2007, the court upheld the DNA Analysis Backlog Elimination Act 42 U.S.C. §§14135-14135e rejecting claims it violated the 4th Amendment, the Ex Post Facto Clause, that is was an unconstitutional bill of attainder, and contravened the separation of powers. Lujan.PDF
  16. U.S. v. Kriesel, U.S. Court of Appeals, Ninth Circuit, No. 06-30110, 11/29/07, the court upheld the “Justice for All Act” of 2004 which amended 42 U.S.C. §§14135-14135e rejecting claims it violated the 4th Amendment. Kriesel.PDF
  17. U.S. v. Amerson, U.S. Court of Appeals, Second Circuit, Nos. 05-1423 and 05-1063, 4/4/07, the court upheld the constitutionality of “Justice for All Act” of 2004 rejecting the claim that it violates the 4th Amendment Amerson.pdf
  18. In the Matter of the Welfare of: C.T.L., Minnesota Court of Appeals, A06-874, File No. J4-05-52203, 10/10/06, the Minnesota DNA arrestee statute violates the Fourth Amendment. C.T.L..PDF
  19. Anderson v. Com, Virginia Supreme Court, No. 062051, 9/14/07, the collection of DNA from an arrestee did not violate the Fourth Amendment and the statute authorizing this collection is constitutional. Anderson.PDF
  20. Good v. Superior Court of Humbolt County, California Court of Appeals, 1st District, Division 1, A117317, 1/16/08, requiring registering sex offenders to give a DNA sample for the database regardless of the date of their offense was constitutional. Good.PDF
  21. R. v. Rodgers, Supreme Court of Canada, 2006 SCC 15, [2006] 1 S.C.R. 554 SCC 15, the court upheld a Criminal Code provision and the 1998 DNA Identification Act[iii], allowing for retroactive DNA sampling of prisoners without notice. The court found that these offenders identity have become a matter of state interest and they have lost any reasonable expectation of privacy in their identifying information derived from DNA sampling in the same way as they have lost any expectation of privacy in their fingerprints, photograph or any other identifying measure. Rodgers.PDF
  22. S. and Marper v. The United Kingdom, 30562/04, European Court of Human Rights 1581, 12/4/08, the court rejected the practice in UK of retaining without time limit the DNA samples, DNA profiles and fingerprints of suspects who have been cleared or never convicted. S.and Marper v. UK.pdf
  23. Kaemmerling, v. Lappin and Mukasey, US Court of Appeals for the District of Columbia Circuit, No. 07-5065, 12/30/08, the collection of DNA from a convicted felon for database purposes does not violate the Religious Freedom Restoration Act or the First, Fourth and Fifth Amendments of the Constitution. Kaemmerling.pdf
  24. Rivera v. Mueller (Director of the FBI), US District Court, Northern District of Illinois, Eastern Division, 2/2/09, the court ordered the FBI to conduct a “manual keyboard search” of the national DNA database with a DNA profile that was developed in a laboratory which was neither accredited or audited externally and that the state court order is requiring the FBI to conduct a keyboard search was sufficient. Rivera v. Mueller.pdf
  25. United States v. Pool, 09-015-EJG-GGH, Eastern District of California, May 27, 2009, the court upheld the constitutionality of DNA sample collection from all those arrested upon probable cause for the commission of a federal felony finding that after a judicial or grand jury determination of probable cause has been made for felony criminal charges against a defendant, no Fourth Amendment or other Constitutional violation is caused by a requirement that the defendant undergo a mouth swab or blood test for the purposes of DNA analysis to be used for criminal law enforcement identification purposes. Pool.PDF
  26. Boroian, v. Mueller, US Court of Appeals For the First Circuit, No. 09-1630, 8/11/10, mere retention and matching of the defendant’s lawfully obtained DNA sample or his lawfully created DNA profile does not violate the Fourth Amendment. Boroian.pdf
  27. In The Matter of an Application By JR 27, NIQB 143 12/23/10, High Court of Justice in Northern Ireland, Queen's Bench Division, the court ruled that police retention of a 14-year-old boy's DNA was not illegal, despite a European Court of Human Rights ruling that the blanket data retention policy conflicts with human rights law. JR27.PDF
  28. Minnesota v. Johnson, Minnesota Court of Appeals, requiring a defendant who was charged with a felony and later convicted of a misdemeanor arising out of the same set of circumstances to provide a DNA sample for identification purposes, does not violate the prohibitions against unreasonable searches and seizures or the Equal Protection Clauses in the U.S. and Minnesota Constitutions. Johnson5.pdf
  29. In the Matter of the Welfare of: M.L.M., Minnesota Court of Appeals, - requiring a juvenile petitioned for a felony offense and then adjudicated delinquent of a misdemeanor arising out of the same set of circumstances to provide a DNA sample for identification purposes, does not violate the prohibitions against unreasonable searches and seizures or the Equal Protection Clauses in the U.S. and Minnesota Constitutions. MLM1.pdf