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Court: Compulsory taking of DNA from pretrial detainee violates Fourth Amendment

Posted on November 10, 2009 by pogowasright.org

FourthAmendment.com brings us a court opinion out of Pennsylvania that is quoteworthy:

A DNA profile generates investigatory evidence that is primarily used by law enforcement officials for general law enforcement purposes. To allow such suspicionless searches, which are conducted in almost all instances with law enforcement involvement, to occur absent traditional warrant and probable cause requirements will intolerably diminish our protection from unreasonable intrusion afforded by the Search and Seizure Clause of the Fourth Amendment.

The case is United States v. Mitchell, 2009 U.S. Dist. LEXIS 103575 (W.D. Pa. November 6, 2009).

Category: CourtSurveillanceU.S.

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