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U.S. Court of Appeals for the 9th Circuit

Jul. 27, 2012

9th Circuit to review constitutionality of forced DNA sampling

The 9th Circuit announced Wednesday it would reconsider en banc a 2-1 panel ruling in February that forced DNA sampling is constitutional.

By John Roemer
Daily Journal Staff Writer

The volatile question of forced DNA sampling of adult felony arrestees advanced on the 9th Circuit's docket Wednesday as the court announced it will reconsider en banc a 2-1 panel ruling in February that such sampling is constitutional. The February decision affirmed Senior U.S. District Judge Charles R. Breyer of San Francisco in finding that the practice does not violate the Fourth Amendment's ban on unreasonable searches and sei...

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