Appeals court: Inmates can be forced to submit DNA test samples
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Posted 6:19AM on Monday, March 7, 2005
ATLANTA - Felons in prison can be forced to submit saliva samples for DNA profiling, a federal appeals court has ruled.<br>
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The samples do not violate the inmates' privacy rights or guarantees against unreasonable search and seizure, the 11th U.S. Circuit Court of Appeals ruled in a unanimous decision on Friday.<br>
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Two inmates have claimed the practice is illegal because their saliva can be taken without consent.<br>
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Georgia keeps felons' DNA profiles in a database maintained by the Georgia Bureau of Investigation. The profiles are used during investigations and can be requested by local police jurisdictions.<br>
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The state has a compelling state interest for the database and that it was narrowly tailored because it applied only to incarcerated felons and can be used only during criminal investigations, the court ruled.<br>
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