The Third Circuit Court of Appeals ruled this week that police officers may collect DNA samples from persons under arrest, finding that a DNA sample is no more than a fingerprint “for the twenty-first century.” The court emphasized the government’s compelling interest in identifying suspects and the unique attributes of DNA evidence to support its decision.

Civil rights groups, including the ACLU, argue that collecting a DNA sample is more invasive than fingerprinting an arrestee, and a violation of privacy, while proponents of DNA sampling maintain that the practice is constitutional because arrestees have a low expectation of privacy.

After toiling in the lower courts, the case was decided on Monday in an 8-6 opinion. Originally argued before a three-judge panel in April, the Pittsburgh Post-Gazette reports that the circuit made an unusual procedural decision to hear the case en banc re-argument without releasing a decision from the three judges. John Knorr, Mitchell’s defense attorney, said he may appeal the Third Circuit ruling to the U.S. Supreme Court, according to The Republic.

Related Resources:

  • DNA Collection of Criminal Suspects: 3rd Cir. OKs Arrest DNA Check (FindLaw’s Decided)
  • Third Circuit rules police can collect DNA sample from arrestees (Jurist)
  • ACLU Challenges CA DNA Collection Law (FindLaw’s Blotter)

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