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Name: U.S. v. Kincade
Case #: 02-50380
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/02/2003
Subsequent History: None

The forced extraction of blood from parolees pursuant to the federal DNA Analysis Backlog Elimination Act of 2000 violates the Fourth Amendment. As a matter of general Fourth Amendment law, forced blood extraction from parolees requires individualized suspicion. Because the DNA Act primarily serves a law enforcement purpose, the compulsory collection of blood samples under the Act does not fall within the “special needs” exception. (2-1)