United States First Circuit

It is not a violation of the Fourth Amendment's prohibition on unreasonable searches and seizures to require an individual on supervised release to provide a blood sample for purposes of creating a DNA profile and entering it into a centralized database. However, the court does not resolve the question of whether it is also constitutional to retain the DNA profile in the database after the individual is no longer on supervised release.

Appellate Information

• Decided 08/09/2007
• Published 08/09/2007

Judges

• Before BOUDIN, Chief Judge, GIBSON, Senior Circuit Judge, TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, LYNCH, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Dina Michael Chaitowitz, Randall E. Kromm, Brian T. Kelly, U.S. Attorney's Office John Joseph Moakley Courthouse, Boston, MA, for Appellant.


• For Appellees:
  
• Terence P. Noonan, Noonan & Noonan, Needham, MA, Tracey Maclin, Boston University Law School, John Reinstein, ACLU Foundation of Massachusetts, Boston, MA, for Defendant, Appellee.