Legal Opinion

United States v. Paul G. Sczubelek

Court of Appeals for the Third Circuit

Decided March 21, 2005No. 03-2173PublishedCited by 101 opinions

1Opinion of the Court

OPINION

ROTH, Circuit Judge.

The DNA Analysis Backlog Elimination Act of 2000 (DNA Act), 42 U.S.C. §§ 14135 — -14135e (2001 Supp.), mandates the collection of DNA samples from prisoners, parolees, and individuals on probation and supervised release who have committed certain qualifying offenses. While Paul Sczubelek was on supervised release, he refused his probation officer’s direction to give a DNA sample. The District Court ordered him to do so. Sczubelek appealed on the grounds that the collection of a DNA sample is an unconstitutional search in violation of the Fourth Amendment and also in…

2Cases cited38 opinions

  1. Clinton v. JonesSupreme Court of the United States · 1997
  2. Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
  3. Mistretta v. United StatesSupreme Court of the United States · 1989
  4. Ohio v. RobinetteSupreme Court of the United States · 1996
  5. Griffin v. WisconsinSupreme Court of the United States · 1987

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3Cited by101 opinions

  1. Nicholas v. GoordCourt of Appeals for the Second Circuit · 2005
  2. Kaemmerling v. LappinCourt of Appeals for the D.C. Circuit · 2008
  3. Brittan Holland v. Kelly RosenCourt of Appeals for the Third Circuit · 2018
  4. United States v. George C. HookCourt of Appeals for the Seventh Circuit · 2006
  5. Free Speech Coalition, Inc. v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2012

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