The 3rd U.S. Circuit Court of Appeals, based in Philadelphia, ruled that collecting DNA samples from arrestees and retaining them for a national database does not violate the Fourth Amendment. The majority opinion likened DNA sampling to collecting fingerprints, which has long been routine in arrests. The 9th Circuit Court of Appeals, in San Francisco, is the only other federal court to have upheld the collection of DNA samples from arrestees, though other courts have supported collection after conviction.
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3rd Circuit Upholds Law Authorizing DNA Samples from All Federal Arrestees
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