Legal Opinion
United States v. Mitchell
Court of Appeals for the Third Circuit
Decided July 25, 2011No. 09-4718PublishedCited by 100 opinions
1Opinion of the Court
OPINION OF THE COURT
FUENTES, Circuit Judge,
with whom Circuit Judges SLOVITER, SCIRICA, SMITH, FISHER, CHAGARES, JORDAN, and HARDIMAN, join, and AMBRO joins as to Part III only.
Ruben Mitchell was indicted on one count of attempted possession with intent to distribute cocaine. Following Mitchell’s indictment, arrest, and detention, the Government sought to collect a DNA sample. The Government relied on 42 U.S.C. § 14135a(a)(l)(A), which permits the collection of DNA samples from “individuals who are arrested, facing charges, or convicted.” Mitchell objected, arguing that the statute violated…
2Cases cited81 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Rakas v. IllinoisSupreme Court of the United States · 1979
- United States v. SalernoSupreme Court of the United States · 1987
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3Cited by100 opinions
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- Commonwealth v. SmithSuperior Court of Pennsylvania · 2017
- United States v. Earl DavisCourt of Appeals for the Fourth Circuit · 2012
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