Ruling on constitutionality of FBI DNA database collection [3rd Circuit] News
Ruling on constitutionality of FBI DNA database collection [3rd Circuit]

United States v. Sczubelek, United States Court of Appeals for the Third Circuit, March 21, 2005 [ruling that a controversial law requiring prisoners, parolees, and others on probation to submit DNA samples to a FBI DNA identification database is constitutional]. Excerpt:

[E]ven if collecting DNA samples were beyond the probation office's supervisory function — and we do not believe that it is — it does not necessarily follow that there is a separation of powers violation. There would also have to be an encroachment on the Executive Branch, and that encroachment is missing here. Giving probation officers the power to collect DNA samples does not interfere with the Executive Branch's ability to make law enforcement decisions and perform law enforcement functions. Probation officers play no part in how the DNA information is used after the test kits are sent to the FBI. "[T]here is no possibility that . . . [allowing probation officers to collect DNA samples] will curtail the scope of the official powers of the Executive Branch." Clinton v. Jones, 520 U.S. 681, 701 (1997).

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.

THIS DAY @ LAW

38 Santee Sioux hanged by US for rebellion

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