United States Ninth Circuit

US v. Pool, 09-10303

In defendant's appeal from the district court's implementation of 18 U.S.C. sections 3142(b) and (c)(1)(A), requiring defendant to give a DNA sample as a condition of his pre-trial release, the order is affirmed where, if a court has determined that there is probable cause to believe that the defendant committed a felony, the government's interest in definitively determining the defendant's identity outweighs the defendant's privacy interest in giving a DNA sample as a condition of pretrial release in cases in which the government's use of the DNA is limited to identification purposes, and there is no indication that the government intends to use the information for any other purpose.

Appellate Information

• Decided 09/14/2010
• Published 09/14/2010

Judges

• Consuelo M. Callahan

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Daniel J. Broderick, Lawrence G. Brown