8th Circuit Upholds Federal DNA Collection Statute
Ray Kraklio, a federal parolee, was directed to provide a blood sample for DNA testing. He refused, and his parole officer moved the federal district court to amend his conditions of release to require him to provide the blood sample. Over Karklio's objection the district court granted the motion, and Kraklio appealed.
On appeal, the U.S. Court of Appeals for the Eighth Circuit considered whether the appropriate standard of review to determine the constitutionality of the statute was a reasonableness or special needs standard. Noting that the majority of federal courts used the less restrictive reasonableness standard, under which the DNA testing statute had always been upheld, the Eighth Circuit came to the same conclusion and affirmed the district court. See: United States v. Kraklio, 451 F.3d 922 (8th Cir. 2006), cert. denied, 127 S.Ct. 611 (2006).
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Related legal case
United States v. Kraklio
|Cite||451 F.3d 922 (8th Cir. 2006)|
|Level||Court of Appeals|