Sep 142010
 September 14, 2010  Posted by  Court

Denny Walsh writes:

In the first decision of its kind in the nation, an appellate court has ruled in a Sacramento case that DNA testing is a legitimate condition of release on bail for a federal defendant not yet convicted.

Before a federal felony can be charged, there must be probable cause to believe a crime has been committed, a three-judge panel of the 9th U. S. Circuit Court of Appeals noted in Tuesday’s 47-page opinion.

Under those circumstances, the panel ruled, the government’s interest in definitively identifying the defendant “outweighs the defendant’s privacy interest in giving a DNA sample as a condition of pre-trial release.”


Related: Opinion (pdf)

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