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Name: United States v. Lujan
Case #: 02-30237
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/02/2007

Constitutional challenges to DNA sample collections during supervised release are rejected. Affirming the district court’s order authorizing the probation office to demand the collection of a blood sample as a condition of the defendant’s supervised release, as mandated by the DNA Analysis Backlog Elimination Act of 2000, the appellate court held that the DNA Act is not an unconstitutional bill of attainder because it does not inflict punishment, and does not violate the separation of powers doctrine by allowing probation officers to collect the DNA sample. The court rejected as foreclosed by prior decisions the defendant’s contentions (1) that the DNA Act constitutes a suspicionless search in violation of the Fourth Amendment and (2) that it imposes a new condition on supervised release in violation of the Ex Post Facto Clause.