Ninth Circuit Upholds Indefinite Retention of DNA Samples: Kriesel III

Thomas Kriesel wants his blood back. The federal government forced him to give a sample for the FBI’s national DNA databank while he was on probation following his imprisonment for conspiring to possess methamphetamine with the intent to distribute it. After completing his sentence, Kriesel sued the government. He demanded that it remove his identifying profile from the federal database and return his blood sample.

The district court held that he was not entitled to expungement of the profile. On appeal, he dropped that part of his claim, but continued to argue for the return of the blood sample. Over a clamorous dissent, the Ninth Circuit upheld the indefinite retention of the sample. Comments on the opinions are on the FSSL blog.