How strong are the justifications for retaining DNA samples after the identifying profiles are entered into a law enforcement database? According to the majority of the Ninth Circuit panel in Kriesel III, the “primary justification” is that “match confirmation” ensures “the continued accuracy and integrity of the CODIS system.” That is … [continued on the FSSL blog].
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.