United States Ninth Circuit

In a Fourth Amendment challenge to an amendment of California's DNA and Forensic Identification Data Base and Data Bank Act of 1998, which amendment requires law enforcement officers to collect DNA samples from all adults arrested for felonies, the district court's denial of the plaintiffs' motion for a preliminary injunction is affirmed, where the district court did not err in determining that the plaintiffs did not establish a likelihood of success on the merits, because the government’s compelling interests in collecting DNA samples far outweighs arrestees' privacy concerns, and thus there is no Fourth Amendment violation.

Appellate Information

• Decided 02/23/2012
• Published 02/23/2012

Judges

• M. Smith

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael T. Risher, Daniel J. Powell