Court Backs Law Requiring DNA Submissions (3rd U.S. Circuit Court of Appeals)

AP on Yahoo ^ | 3/22/05 | David B. Caruso - AP

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PHILADELPHIA - An appeals court has upheld the constitutionality of a federal law that requires prisoners, parolees, and some people on probation to submit DNA samples for an FBI (news - web sites) database.

By a 2-1 vote, a three-judge panel of the 3rd U.S. Circuit Court of Appeals (news - web sites) ruled the government's interest in building a tool to help solve crime outweighed the privacy interests of criminal offenders.

Writing for the majority, Judge Jane R. Roth said while a similar intrusion into an "ordinary citizen's" privacy would be unconstitutional, prisoners and people on probation do not enjoy the same level of liberty.

"A DNA database promotes increased accuracy in the investigation and prosecution of criminal cases. It will aid in solving crimes," Roth wrote.

"Equally important," she added, "the DNA samples will help to exculpate individuals who are serving sentences of imprisonment for crimes they did not commit and will help to eliminate individuals from suspect lists when crimes occur."

The court Monday ordered Paul G. Sczubelek, a former Delaware State Police lieutenant convicted of bank robbery in 1994, to submit to a DNA sample.

Sczubelek served six years in prison and was free on probation when the federal law requiring DNA samples of offenders took effect in 2000. A probation officer ordered him to submit to DNA collection in 2002, and Sczubelek refused.

Sczubelek argued the requirement violated his Fourth Amendment right to be free from unreasonable search and seizure. His attorney said Tuesday she would appeal.