When a federal judge ruled that prosecutors cannot, without a warrant, routinely collect DNA samples from arrestees for inclusion in a national database, he sparked an appeal that will be argued before all 14 judges on the 3rd Circuit. At issue is perhaps one of the most important privacy rights issues facing courts: whether routine DNA sampling should be considered no different from fingerprinting or photographing, or whether the government should be required to get a warrant or wait for a conviction before taking a sample.
En Banc 3rd Circuit Set to Hear DNA Samples Case
The Legal Intelligencer
October 26, 2010