CA1: First continues to bend on DNA collection

US v. Soto, No. No. 07-1245, 07-1250 reverses the District Court’s decision which held that “requiring DNA collection from non-violent felons who are sentenced to probation violates the Fourth Amendment.”  After the District Court entered its decision, the First decided to defer to the government on this.  Because I don’t think that the First is taking this issue too seriously, I am not going to take their opinion that seriously.

In this case, the defendant was a probationer (rather than on supervised release).  But, it is pretty clear where the First is going on this.