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· 8/12/2010

Boroian v. Mueller

Citations

  • 616 F.3d 60
  • 2010 WL 3168654

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the reten- tion and later matching of a lawfully obtained DNA profile is not a search for Fourth Amendment purposes and collecting authority for the same
  • holding that the “government’s retention and matching of Boroian’s [DNA] profile against other profiles in CODIS does not violate an expectation of privacy that society is prepared to recognize as reasonable”
  • explaining how DNA samples are obtained, summarizing the provisions of the federal DNA act, and describing how CODIS works and how the database has grown and expanded since its initial development
  • explaining how DNA samples are obtained, summarizing the provisions of the federal DNA act, and describing how CODIS works and how the database has grown and expanded since its ini- tial development
  • upholding retention of DNA profile and recognizing separate challenge to retention of DNA sample, but declining to address it based on defendant’s failure to raise the issue on appeal
  • “Under the DNA Act, DNA profiles currently function as identification records not unlike fingerprints, photographs, or social security numbers.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lipez, Howard, Thompson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.