United States Tenth Circuit

The Fourth Amendment permits compulsory DNA testing of plaintiffs, non-violent felony offenders subject to the DNA Analysis Backlog Elimination Act, despite the absence of individualized suspicion that they have committed additional crimes. The Act is constitutional under the totality-of-the-circumstances test because the government's interest in extracting DNA from plaintiffs outweighs their interests in avoiding the intrusions upon their privacy.

Appellate Information

• Decided 06/18/2007
• Published 06/19/2007

Judges

• HOLLOWAY, Circuit Judge., Before BRISCOE, HOLLOWAY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert Ridenour, Assistant Federal Public Defender (Paul D. Brunton, Federal Public Defender, and Barry L. Derryberry, Assistant Federal Public Defender, with him on the brief), Tulsa, Oklahoma, for Plaintiffs-Appellants.


• For Appellees:
  
• Loretta Finience Radford, Assistant United States Attorney (David E. O'Meilia, United States Attorney, and Kevin C. Leitch, Assistant United States Attorney, on the brief), Tulsa, Oklahoma, for Defendants-Appellees.