United States Sixth Circuit

An order of the district court requiring defendant to submit to blood sampling for DNA pursuant to 42 U.S.C. section 14135a, which was imposed as part of her sentence pursuant to a guilty plea to bank fraud, is affirmed over claims that: 1) the collection of her DNA violated the Fourth Amendment, as a search required some individualized suspicion of wrongdoing; 2) the DNA testing did not meet the requirements of the "special needs" doctrine; and 3) the search failed the "totality of the circumstances" test.

Appellate Information

• Decided 07/07/2006
• Published 07/07/2006

Judges

• Before:  SILER, CLAY, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  J. Patten Brown III, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.  Elizabeth Olson, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Randolph W. Alden, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.  Elizabeth Olson, United States Department of Justice, Washington, D.C., Carroll L. Andre III, Assistant United States Attorney, Memphis, Tennessee, for Appellee.