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United States v. Kincade

United States Court of Appeals for the Ninth Circuit

379 F.3d 813 (2004)

Facts

In 1993 Thomas Kincade (defendant) robbed a bank. Kincade served his sentence and got out on supervised release. Under the DNA Analysis Backlog Elimination Act of 2000 (the act), people who had been convicted of certain crimes were required to submit a DNA sample to authorities. The authorities then entered this information into a database containing DNA profiles from unsolved crimes. Kincade was asked to submit a sample for the database. When Kincade refused, he was found to be in violation of his supervised release and was sentenced to four months in prison. Kincade appealed, claiming that the act violated the Fourth Amendment.

Rule of Law

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Issue

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Holding and Reasoning (O’Scannlain, J.)

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Dissent (Kozinski, J.)

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Dissent (Reinhardt, J.)

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