CNN: Court strikes down prisoners' DNA database (9th Circuit)

[Melinda]

SAN FRANCISCO, California (AP) -- A 3-year-old law that requires federal prisoners and parolees to give blood samples for the FBI's DNA database was declared unconstitutional Thursday by a federal appeals court.

A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that requiring the blood samples amounts to an illegal invasion of privacy because they are taken without legal suspicion that the convicts were involved in other crimes.

The court said that is a violation of inmates' Fourth Amendment rights against illegal searches. The samples "constitute suspicionless searches with the objective of futhering law enforcement purposes," Judge Stephen Reinhardt said.

http://www.cnn.com/2003/LAW/10/02/prisoners.dna.ap/index.html

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The article goes on to state that the ruling was 2-1 and that the Justice deptartment has not yet commented on the decision.

I say :thumbsup: to the 9th yet again.

[UnAmericanJoe]

1. Good News

[jiacinto]

2. The Supreme Court will probably reverse it

And frankly I don't have a problem with this as long as the scope of this law applies to defendants convicted of murder, rape, and sexaul assault.

[Melinda]

3. So you think that it's okay for the FBI to just take what they want?

Just march into federal prison without any showing of probable cause at all, much less a warrant (court order) and gather DNA for placement into its databank?

Are your really, really, really certain this is good thing?

[24HRrnr]

4. Just march into federal prison

without any showing of probable cause at all, much less a warrant (court order) and gather fingerprints for placement into its databank?

Yes, it is a good thing.