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Pretrial DNA Database Collection

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Collecting DNA for the purpose of entering into a database is well-established practice for people convicted of certain crimes.  Collecting DNA for this purpose from people merely accused is a more recent and more controversial development.  Obviously, the usefulness of the database for solving unsolved crimes grows as the database grows.

Congress authorized such collections in federal criminal cases in 42 U.S.C. §14135a and 18 U.S.C. §3142(b)&(c)(1)(A).  A divided panel of the Ninth Circuit today upheld the use of these statutes in United States v. Pool, No. 09-10303.  Look for this one to go en banc.

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