Ninth Circuit Upholds Federal Statute That Conditions Bail on Giving DNA Sample

Amendments to the federal Bail Reform Act that call for the warrantless extraction of DNA samples from people accused of felonies do not violate the Fourth Amendment’s prohibition of unreasonable searches and seizures, the U.S. Court of Appeals for the Ninth Circuit declared Sept. 14. The court distinguished prior decisions condemning the routine collection of DNA samples from pretrial detainees on the ground that the government does not collect the sample until after a judge has found probable cause to support the charges against a defendant (United States v. Pool).

Applying a “totality of the circumstances” balancing test, ...