Magistrate Judge Jeremiah McCarthy
Barner was indicted as being a felon in possession of firearms. Guns seized in 2008 were sampled for DNA. Believing the guns’ possession an issue at trial, the government sought, under the All Writs Act, an order authorizing buccal swab DNA samples from Barner to compare against DNA obtained from the guns. Barner contended that because the government did not assert that DNA had been extracted from any weapon, the court lacked jurisdiction under the All Writs Act to grant the motion. Agreeing with United States v. Owens that the correct standard is reasonable individualized suspicion that probative evidence will be foundand, citing United States v. Barnes noting that courts in the district granted motions to compel DNA samples under the All Writs Actthe court granted the motion. The indictment, alone did not create reasonable individualized suspicion that probative evidence will be discovered from Barner’s DNA. However, the government’s supplemental motion included a forensic serologist’s report that DNA profiles were obtained from each gun Barner was charged with possessing. There was enough information in each individual DNA sample to compare to a known DNA sample.
