The U.S. Court of Appeals for the Tenth Circuit recognized that DNA collection was a “search” that had to pass scrutiny under the 4th Amendment to the U.S. Constitution. The appellate court held, considering the totality of the circumstances, that the government's need to collect DNA to solve future crimes outweighed the prisoners' privacy rights. The district court's dismissal of the case was affirmed. See: Banks, et al v. United States, et al., 490 F.3d 1178 (10th Cir. 2007).
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