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

Sep. 15, 2010

Court: Federal Agents Can Take DNA of Pretrial Felony Defendants

Federal agents can sample the DNA of pretrial felony defendants without a warrant, a divided 9th U.S. Circuit Court of Appeals panel held on Tuesday in the first such decision nationally by a federal appellate court.

By John Roemer

Daily Journal Staff Writer

Federal agents can sample the DNA of pretrial felony defendants without a warrant, a divided 9th U.S. Circuit Court of Appeals panel held on Tuesday in the first such decision nationally by a federal appellate court.

The 2-1 ruling drew immediate fire from the American Civil Liberties Union and from defense lawyers who saw it as a further erosion of the Fourth Amendment right to be free...

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