Attention: To All Attorneys With Cold Hit Clients
For what it is worth, the 9th Circuit has declared DNA tests (and thus DNA databases) without suspicion of illegal activity an unconstitutional search. Basically it called the taking of DNA a fishing expedition.
Basically, I agree with them. However, I live in Virginia, in the 4th Circuit where quoting the 9th is the death knell of any legal argument.
The question I have is that if this database is unconstitutional what is the status of the fingerprint databases?
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