The court of appeals affirmed a district court order. The court held that where a district court had determined that there was probable cause to believe that a defendant committed a felony, the government’s interest in definitively determining the defendant’s identity outweighed the defendant’s privacy interest in giving a DNA sample as a condition of pre-trial release.
Jerry Pool was indicted for possession and receipt of child pornography. After he pled not guilty, Pool was ordered released on bond on the condition that he obey pre-trial conditions. Pool consented to all pre-trial conditions except that he provide a DNA sample. Pool maintained primarily that amendments to the Bail Reform Act, which required the provision of a DNA sample as a condition for pre-trial release, were unconstitutional and in violation of his rights under the Fourth Amendment.
