As most readers of this blog are aware, S.L. 2010-94 creates a new statute, G.S. 15A-266.3A, which provides for the collection of a DNA sample from anyone arrested for a laundry list of offenses, most but not all of which are felonies, and most but not all of which are violent crimes. Under some circumstances, such as if the defendant is acquitted or charges are dismissed, the DNA sample and the record thereof must be destroyed. I've posted previously -- here and here -- about this issue. The Ninth Circuit recently decided an important case about a somewhat similar federal provision, and I thought I'd mention it for folks who are interested. The case is United States v. Pool, and the short version of the facts is as follows. The defendant, who had no prior record, was arrested and charged with possessing child pornography. A magistrate judge found probable cause to support the charges and released the defendant on an unsecured bond, subject to various conditions, including that he provide a DNA sample. The defendant challenged the DNA condition. A bit of legal background about the federal DNA scheme: the collection of DNA samples upon pretrial release is required by 18 U.S.C. § 3142(b), for the class of cases prescribed by the Attorney General in regulations promulgated under 42 U.S.C. § 14135a. The regulations now provide that "[a]ny agency of the United States that arrests or detains individuals or supervises individuals facing charges shall collect DNA samples from individuals who are [...]
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