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Hamilton v. Brown, No. 09-15236

By FindLaw Staff on January 05, 2011 5:38 PM

Challenge to Forcible DNA Testing

In Hamilton v. Brown, No. 09-15236, an action claiming that California state prison inmates could not constitutionally be required to provide blood samples for DNA identification under California's DNA and Forensic Identification Database and Data Bank Act, the court affirmed the dismissal of the complaint where the Fourth Amendment did not preclude the collection of blood samples from prison inmates for DNA identification.

 

As the court wrote:  "We must decide whether California state prison inmates constitutionally may be required to provide blood samples for DNA identification under California's DNA and Forensic Identification Database and Data Bank Act of 1998, as amended, Cal. Pen.Code § 295 et seq. (the "Act" or the "California DNA Act"). Pro se plaintiff George Hamilton, a California state prison inmate, alleges that prison officials forcibly extracted a blood sample for DNA identification without his consent."

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