United States v. Thomas Cameron Kincade

O’SCANNLAIN, Circuit Judge:

We must decide whether the Fourth Amendment permits compulsory DNA profiling of certain conditionally-released federal offenders in the absence of individualized suspicion that they have committed additional crimes.

I

A

Pursuant to the DNA Analysis Backlog Elimination Act of 2000 (“DNA Act”), Pub.L. No. 106-546, 114 Stat. 2726 (2000), individuals who have been convicted of certain federal crimes1 and who are *817incarcerated, or on parole, probation, or supervised release2 must provide federal authorities with “a tissue, fluid, or other bodily sample ... on which a[n] ...…