United States Ninth Circuit

The district court's order denying defendant's motion for return of a blood sample provided to the government for analysis of the defendant's DNA as a condition of his now-completed supervised release, is affirmed, where: 1) defendant has standing since is seeking the return of "property" and thus, defendant was “aggrieved” within the meaning of Federal Rule of Criminal Procedure 41; 2) the district court did not err in finding that the government carried its burden of showing the samples were retained for a reasonable use, to ensure that the matches to forensic evidence, identified through the government’s Combined DNA Index System database searches, are accurate; and 3) the government's continued retention of the defendant's blood sample is reasonable under the circumstances presented on this record, notwithstanding defendant's completion of the term of supervised release.

Appellate Information

• Decided 06/28/2013
• Published 06/28/2013

Judges

• SCHROEDER

Court

• United States Ninth Circuit

Counsel