9th Circuit Decision to Impact Baton Rouge Plaintiff

The Advocate reports that the fate of more than 1,200 DNA swabs collected in the hunt for Derrick Lee might be impacted by a United States 9th Circuit Court of Appeals ruling that the national law requiring federal convicts to provide blood samples is unconstitutional.

The California opinion addresses a central issue before the federal court in Baton Rouge: Under what circumstances can law enforcement authorities collect, maintain and share DNA profiles to solve crimes?

Attorneys for Floyd Wagster argue that the "voluntary" samples collected during the hunt for the serial killer were not supported by probable cause and that the federal law "is similar in construction and operation." US District Judge Polozola has given both sides four days to file their analysis of the decision.

Posted by AJR at October 14, 2003 11:01 PM